OFFICIAL SWEEPSTAKES RULES
1. NO PURCHASE NECESSARY. Void in Rhode Island and where prohibited by law. Entrant must be 13 years old as of 05/12/08 and a permanent legal resident of the 50 United States or the District of Columbia (excluding Rhode Island), physically located and residing therein. Employees of DiVid Entertainment, LLC (“Sponsor”), Sony Pictures Entertainment, Winnebago Industries, Inc. (collectively and together with Sponsor, “Sweepstakes Entities”), their advertising or promotion agencies, those involved in the production, development, implementation or handling of the “On The Road with The King of Queens” Sweepstakes (“Sweepstakes”), any agents acting for, or on behalf of the above entities, their respective parents, officers, directors, subsidiaries, affiliated and/or related companies, licensees, service providers, prize suppliers, any other person or entity associated with the Sweepstakes and the immediate family members (defined as parents, spouse, children, siblings, grandparents) of each such employees, and all those with whom such employees are domiciled (whether related or not), are NOT eligible. Anyone who attempts to defraud or in any way tamper with the Sweepstakes will be ineligible.
2. HOW TO ENTER: Sweepstakes begins at 12:00:00 p.m. Pacific Time (“PT”) on 05/12/08 and ends 12:00:00p.m. PT on 06/06/08 (“Sweepstakes Period”). Visit Shakefire.com, fill in required entry information and click on the “Enter Me!” button (“Entry”). Limit one (1) entry per person per the entire Sweepstakes Period. Entries in excess of that limit will be void. Entries must be received by 12:00:00 p.m. PT on 06/06/08.
3. SELECTION AND NOTIFICATION OF WINNERS: A potential Grand Prize Winner will be randomly selected in a drawing on or about 06/13/08 from all eligible entries received by Sponsor. Entries become the sole property of Sponsor and will not be returned. Potential Grand Prize Winner (his/her parent/legal guardian if potential Grand prize Winner is a resident of a jurisdiction that deems him/her to be a minor) will be notified by phone, mail and/or email. If a potential Grand Prize Winner cannot be reached after 5 days from first notification attempt, is found to be ineligible or does not comply with the Official Rules or his/her prize or prize notification is returned as undeliverable, the prize will be forfeited and an alternate potential Grand Prize Winner may be selected by a second random drawing. Entrants agree to be bound by the Official Rules and any and all decisions made by Sponsor, and/or sweepstakes administrator, which are final and binding in all respects.
4. PRIZES/ODDS OF WINNING: One (1) Grand Prize Winner will receive: one (1) Two-week (14 consecutive days) rental of a motor home (“the Vehicle”), one (1) $500 Gasoline Giftcard, and one (1) King of Queens Prize Pack with a TOTAL Approximate Retail Value (“ARV”) of $2,525.00. Five (5) First Prize winners will receive: one (1) King of Queens Prize Pack with a TOTAL ARV OF EACH FIRST PRIZE: $25.00. TOTAL ARV of All Prizes is: $2,650.00.
Odds of winning depend on the total number of eligible entries received.
5. PRIZE LIMITATIONS: Winner must provide a valid U.S. Driver's license and proof of insurance which must be current with a state recognized provider and include comprehensive liability and collision coverage. Winner bears risk of damage to Vehicle after removal from motor home rental premises. Vehicle shown in advertising materials may not be actual motor home rental provided. Winner is solely responsible for all travel transportation costs for collecting Vehicle and any other costs incurred in claiming, registering or using Vehicle. The Vehicle must be returned to same location as the pick up. Vehicle redemption must be completed by June 6, 2009. Travel dates must be selected at least sixty (60) days prior to vehicle redemption. Winner must be 25 years of age or older to take possession of Vehicle. If winner is under the age of 25 at the time of Vehicle redemption, he/she must be accompanied by a parent/legal guardian who is at least 25 years of age or older and said guardian must take possession and be the only driver of the Vehicle at all times during the two week rental period. All prizes listed above are subject to certain restrictions and qualifications of the Sweepstakes Entities. Except where otherwise expressly noted in these rules and regulations, the selection of all vendors, prizes, products and services is subject to the Sponsor’s sole and absolute discretion. Prizes (and/or any portion thereof) are nontransferable and non-exchangeable. No substitutions or cash redemption of prizes are permitted except that Sponsor retains the right to substitute a prize of equal or greater retail value (or at Sponsor’s election, the cash value of the applicable prize) for any reason. Any depiction of prizes is for illustrative purposes only.
Items not specifically mentioned as being included as part of the Grand Prize are solely the responsibility of the Winner, and may include, but are not limited to, government fees and taxes and all other costs and expenses not otherwise mentioned herein. Sponsor reserves the right to add or eliminate any element of the Prize Package. If a component of the Prize Package is not available, that portion of the Prize Package will be forfeited, and no compensation will be awarded in lieu thereof.
The prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional restrictions/conditions, which may be stated in the affidavit and release and/or prize documents.
Sweepstakes is subject to these Official Rules and all applicable federal, state and local laws. Winners are solely responsible for all taxes on prize. Sponsor is not responsible for delay in prize delivery. Limit of one (1) prize per person per household.
6. WINNER’S RELEASE FORMS: Potential Grand Prize Winner (his/her parent/legal guardian if potential Grand Prize Winner is a resident of a jurisdiction that deems him/her to be a minor) must execute, notarize and return within 5 days of receipt by potential Grand Prize Winner an affidavit of eligibility, a liability release, a publicity release (where legal), and any other documentation that Sponsor requires or such potential winner may be disqualified, and an alternative potential winner may be selected at Sponsor’s sole discretion. Except where prohibited by law and Sponsor’s Privacy Policy, any Winner’s acceptance of prize (or if potential Winner is a resident of a jurisdiction that deems him/her to be a minor, his/her legal guardian’s acceptance of prize) is permission for Sponsor and/or Sweepstakes Entities to use Winner’s name, photo, likeness, biographical information, statements, voice, and address (city and state only) for advertising/publicity purposes worldwide in perpetuity and in all media now known or hereafter devised, without further notice or compensation. In case of a dispute over the identity of an entrant who submitted a winning Online Entry the authorized account holder of the email address associated with that Online Entry will be deemed the entrant. The “authorized account holder” is deemed the natural person who is assigned to an email address by an Internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Said owner must comply with these Official Rules and, at Sponsor’s sole discretion, may be required to provide proof of ownership of the email account or mobile service account.
7. LIMITATION OF LIABILITY: By entering the Sweepstakes, each entrant (his/her parent/legal guardian if entrant is a resident of a jurisdiction that deems him/her to be a minor) releases, indemnifies and shall hold harmless the Sponsor, Sweepstakes Entities, and their respective parent companies, affiliates, subsidiaries, service providers, officers, and employees from any and all liability for losses/injuries/expenses of any kind (including, without limitation, property damage, personal injury and/or death) resulting from participation in the Sweepstakes including acceptance and/or use/misuse of prize, human error, or any typographical or other error in the printing, offering or announcement of prize. By entering the Sweepstakes, entrant (his/her parent/legal guardian if entrant is a resident of a jurisdiction that deems him/her to be a minor) also grants Sponsor the right to use entry information for marketing purposes to the extent permitted by law and Sponsor’s Privacy Policy, and releases Sponsor from any claims or liability relating to such use. Additionally, by opting-in to specific offers from any of the Sweepstakes Entities, entrant’s entry information will be subject to their respective privacy policies and terms of service and entrant agrees to receive additional email communication from those companies. Entrants (their parents/legal guardians if entrants are residents of a jurisdiction that deem them to be minors) agree that none of the Sweepstakes Entities has made or is responsible for any representation or guarantee, express or implied, in fact or in law, relative to any prize.
8. If for any reason the Sweepstakes cannot run as planned, Sponsor reserves the right to cancel/modify/suspend the Sweepstakes and conduct the Sweepstakes from all salvageable entries received, if any prior to, and if applicable after, the cancellation, modification or suspension or in a manner that is fair and equitable. Sweepstakes Entities are not responsible/liable for multiple entries entered by other than human means or other mechanical means, or for entries that are late (including delayed data transmissions), illegible, mutilated, forged, tampered with, destroyed, incomplete, lost, misdirected mechanically duplicated, any lost/delayed/duplicate/multiple data transmissions, omissions, interruptions, defects and/or any other errors or malfunctions, even if caused by the negligence of one of the Sweepstakes Entities, or entries otherwise not in compliance with Official Rules (and all such entries will be disqualified). Sweepstakes Entities are not responsible or liable for any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or any combination thereof, or any damage to an entrant’s or third person’s computer and/or its contents. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity that may be caused or contributed to (1) by any wrongful, negligent, or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sweepstakes Entities, or (3) by any other cause, condition or event whatsoever beyond the control of Sweepstakes Entities or their parents, subsidiaries and affiliated companies.
9. JURISDICTION: BY SUBMITTING ENTRY, ENTRANTS AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES, ITS ENFORCEMENT, ARBITRABILITY OR INTERPRETATION SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES COUNTY, CALIFORNIA, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
Entrants further understand and agree that they shall have no right to enjoin or restrain the development, production, advertising, promotion, distribution or exploitation of the Sweepstakes, The King of Queens, or any other Sony Pictures Entertainment (or any of its respective parent companies, subsidiaries or affiliates) production, project or picture.
Entrants acknowledge that the internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these Official Rules.
The parties hereby waive their right to jury trial with respect to all claims and issues arising out of or relating to this agreement whether sounding in contract or tort and including any claim for fraudulent inducement thereof.
10. OFFICIAL RULES AND WINNERS LIST: For Official Rules/Winners List send (by 08/15/08) a self-addressed stamped envelope to: Shakefire.com Attn: "King of Queens” Sweepstakes DiVid Entertainment, LLC 1353 Riverstone Pkwy, Suite 120-161 Canton, GA 30114. VT residents may omit return postage for Official Rules only.
11. SPONSOR: DiVid Entertainment, LLC 1353 Riverstone Pkwy, Suite 120-161 Canton, GA 30114