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uGottaDance Sweepstakes OFFICIAL RULESNO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE BETWEEN THE AGES OF 7 AND 15 AT TIME OF ENTRY. SEE ADDITIONAL ELIGIBILITY RESTRICTIONS BELOW. VOID IN PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW. WINNER AND HIS/HER GUESTS MUST POSSESS US GOVERNMENT APPROVED TRAVEL DOCUMENTS PRIOR TO AWARDING OF THE PRIZE. HOW TO ENTER: GET YOUR PARENT’S PERMISSION BEFORE ENTERING. Visit www.uGottaDanceSweeps.com (the "Website") and complete a registration form. Normal Internet access and usage charges imposed by your on-line service will apply. Completed entry form must be submitted in accordance with the online directions during the Sweepstakes Period. Incomplete entry forms will be disqualified. Entries must be received no later than 11:59 p.m. Eastern Time ("ET") on November 30, 2008. Neither MTV Networks, Ubisoft Inc. (collectively the "Sponsors"), The National Sweepstakes Company (the "Sweepstakes Administrator") will acknowledge or verify receipt of entries except as indicated herein. Sponsors and Sweepstakes Administrator shall collectively be referred to herein as "Sweepstakes Entities". Use of a profane username or the submission of false or misleading personal information by an entrant will be grounds for disqualification. Sweepstakes Entities retain sole discretion to determine whether entry information is profane, false, or misleading. All entries submitted become the sole property of Sponsors and will not be returned. Entries limited to one (1) entry per calendar day/per person and/or email address. OPT OUT: The parent and/or legal guardian ("Parent") of each entrant will be sent an initial e-mail notification advising Parent that his/her child has registered at the Website for entry into the Sweepstakes, and providing the option to withdraw the entry. If the Parent does not validate the child's registration and online entry within the period indicated on the notification, the entry will be approved. SWEEPSTAKES PERIOD: The Sweepstakes will begin at 12:00 a.m. ET on November 3, 2008 and end at 11:59 p.m. ET on November 30, 2008 (the "Sweepstakes Period"). Entrants must provide all required data. All entries must be online only. Any entries sent via overnight mail or facsimile or are incomplete or are deemed to contain inaccurate information shall be rendered void. Entries that have been tampered with, altered, mechanically reproduced, defective, forged or submitted through or outside authorized channels, facsimile, programmed or similar entry duplication method will be rendered void. If at any time a dispute arises over who submitted the winning entry, the authorized account holder of the winning e-mail address will be declared the Winner. The "authorized account holder" is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. A potential winner may be required to provide Sweepstakes Entities with satisfactory proof that s/he is the authorized account holder of the e-mail address associated with the potential winning entry. The use of any system or agent to submit online entries in connection with this Sweepstakes is prohibited and will result in disqualification. Collection and use of personally identifiable information will be in accordance with the nick.com Privacy Policy as posted on nick.com. ELIGIBILITY: To enter the Sweepstakes you must be (i) a legal resident of the 50 United States or DC, (ii) between the ages of 7 and 15 at the time of entry, and (iii) be physically located in the U.S. at the time of entry. The Sweepstakes and any web site pages and advertisements relating thereto are intended for viewing only within the United States. Sweepstakes is not open to employees, officers and directors of Sweepstakes Entities, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and their immediate families (parents, children, siblings and spouse, regardless of where they live), and members of their households (whether related or not), and those winners who have won a grand prize in any Nickelodeon sweepstakes/promotion in the twelve (12) months prior to the start of the Sweepstakes Period. GENERAL REQUIREMENTS FOR ENTRIES: DRAWING AND NOTIFICATION: Odds of winning a prize depends on the total number of eligible Entries received during the Sweepstakes Period. Sweepstakes Entities’ decisions are final and binding in all respects. PRIZING: One Grand Prize Winner (the "Winner") will receive a trip for the Winner and two (2) guests (the "Guests") to Los Angeles, CA ("Trip Package"). Trip Package consists of: (i) round-trip coach air transportation for the Winner and Guests from a major U.S. airport nearest to Winner’s home (as determined by Sweepstakes Entities in its sole discretion) to Los Angles, CA (approximate retail value ("ARV"): $2,400.00); (ii) three nights standard hotel accommodations at a hotel of Sweepstakes Entities’ selection (single room, triple occupancy) (ARV $900.00), (iii) private or semi-private dance lessons for Winner and one of the Guests (ARV: $500.00), (iv) a trip to the iCarly set (promotional consideration) and (v) one thousand dollars ($1,000.00) in spending money. Travel restrictions, conditions and limitations may apply. Approximate Retail Value ("ARV") $4,800.00. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner and Guests must be booked on the same itinerary and must have any travel documents (such as a passport and visa) required for their travel. A parent or legal guardian must accompany all guests under the age of 18. Other restrictions and blackout dates may apply. Winner and his/her Guests must be able to travel to Los Angeles on dates specified by Sweepstakes Entities. The availability of the trip to the iCarly set is subject to a production schedule and availability to such set is to be determined at Sweepstakes Entities’ sole discretion. Winner and his/her Guest must be accompanied by Winner’s Parent to the dance lesson and iCarly set. Trip Package is subject to certain restrictions. All meals, ground transportation and incidentals not described herein and incurred by Winner and his/her Guests will be solely the responsibility of the Winner’s parent or legal guardian. If Winner resides within a sixty (60) mile radius of Los Angeles, CA (a "local resident"), in lieu of the round trip coach air transportation portion of the Trip Package, Winner will receive round-trip limousine transportation of Sweepstakes Entity’s choice for Winner and his/her Guests from Winner’s residence to the hotel. No compensation will be awarded in lieu of the difference in the ARV for the Grand Prize for a local resident and the ARV for the Grand Prize who is not a local resident. Trip Package is non-transferable and may not be given, bartered, substituted, sold, or exchanged for cash or another prize. Unused components of the Trip Package have no redeemable cash value. Trip Package is only valid for the time specified by Sweepstakes Entities and cannot be used for pre-existing or subsequent bookings. Substitution of the Prize or any portion thereof by Winner is not permitted. All airline tickets issued in connection with the Grand Prize are not eligible for frequent flyer miles. Airline tickets cannot be used in conjunction with any other promotion or offer. Sweepstakes Entities reserve the right in their sole discretion to substitute any prize or portion thereof with a prize of comparable or greater value. In the event that a Potential Winner chooses not to accept his/her prize, or is unable to be notified, an alternate Potential Winner will be randomly selected from all of the remaining entries. QUALIFICATION OF WINNER: The Parent of a Potential Winner must be able to provide proof that the Potential Winner is eligible to be deemed the Official Winner to Sweepstakes Entities’ satisfaction including but not limited to presentation of a birth certificate. The Potential Winner and his/her Parent will be required to sign and return an affidavit of eligibility and compliance with Official Rules and any and all legal documents which Sweepstakes Entities may require, including but not limited to a W-9 tax form within three (3) business days from the date of Sweepstakes Entities sending such documents to the Potential Winner or be subject to disqualification. By participating, Winner and his/her Parent agree (and agree to affirm such in writing) (i) to release, discharge, indemnify and hold harmless Sweepstakes Entities and their respective directors, officers, employees, representatives and agents (the "Released Parties") from any liability, claims, demands, and cause of action from personal injury, loss or damage, including death, or property damage, theft, or loss suffered or resulting from participation in this Sweepstakes or the use, misuse or acceptance or possession of the Prize or any portion thereof, or participation in any Sweepstakes-related activity; and (ii) where permitted by law, grant Sweepstakes Entities the right to use their names, voices, and likenesses for advertising and publicity purposes without additional compensation. All travelers must sign a travel release prior to ticketing. Entry into Sweepstakes constitutes Winner’s Parent’s agreement to sign such releases. Receipt of any of the prize components of this Sweepstakes is conditioned upon compliance with any and all applicable federal, state and local laws, rules, and regulations. Noncompliance with any of the above will result in disqualification and an alternate Potential Winner will be selected. LIMITATIONS OF LIABILITY: If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sweepstakes Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sweepstakes Entities reserve the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sweepstakes Entities may, in their sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Sweepstakes and award the prize from among the eligible entries received up to the time of the impairment Sweepstakes Entities shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any performer(s)/event(s), air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the Winner's and his/her travel companion transportation and such contracts shall be solely between the Winner, his/her travel companion and such transportation companies. Sweepstakes Entities shall not be parties to such contracts and shall assume no responsibility in such connection. Sweepstakes Entities shall not be liable for any loss or damage to baggage or the loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables. If the Winner becomes disabled or cannot otherwise fully enjoy the Trip Package due to illness, Sweepstakes Entities shall have the option of: (1) being relieved of liability for fulfillment of the Prize award; or (2) at Sweepstakes Entities’ sole discretion extending the period during which such prize may be awarded for a period equal to the duration of the Winner's disability or illness, in which case certain prize components may not be available. The Winner must prove such disability by a doctor's certificate. Sweepstakes Entities reserve the right in their sole discretion to disqualify any individual that Sweepstakes Entities find to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sweepstakes Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. Sweepstakes Entities' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. ENTRANTS FURTHER AGREE THAT IN ANY CAUSE OF ACTION, THE SWEEPSTAKES ENTITIES' LIABILITY WILL BE LIMITED TO THE COST OF ENTERING AND PARTICIPATING IN THE SWEEPSTAKES, AND IN NO EVENT SHALL THE SWEEPSTAKES ENTITIES BE LIABLE FOR ATTORNEYS' FEES AND/OR EXPERTS' FEES AND COSTS. ENTRANTS WAIVE THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES. USE OF INFORMATION: By entering the Sweepstakes you agree that your entry and any other personally identifiable information collected or used in connection with the Sweepstakes may be used by the Sweepstakes Entities in accordance with its Privacy Policy, as posted on www.nick.com, and any "opt-in" language contained on the Sweepstakes entry web page, if any. FOR A COPY OF THE OFFICIAL RULES/WINNERS LIST: To view these Official Rules go to www.uGottaDanceSweeps.com on the web or to obtain a copy of these Official Rules and/or a list of the winners via regular mail, send a SASE to: "uGottaDance Sweepstakes" c/o The National Sweepstakes Company, P.O. Box 10505, Rochester, NY 14610 for receipt by 1/31/2009. Please specify "Rules" or "Winner Info". SPONSORS: MTV Networks, 1515 Broadway, New York, NY 10036. SWEEPSTAKES ADMINISTRATOR: The National Sweepstakes Company, 693 East Avenue, Suite 103, Rochester, NY 14607 © 2008. Viacom International Inc. All Rights Reserved. © 2008 Ubisoft Entertainment. All rights reserved. Ener-G logo, Ubisoft and the Ubisoft logo are trademarks of Ubisoft Entertainment in the US and/or other countries. Nintendo DS is a trademark of Nintendo.(c) 2006 Nintendo. Nintendo is not a sponsor of this promotion. uGottaDance Sweepstakes NO PURCHASE NECESSARY. SWEEPSTAKES OPEN ONLY TO LEGAL AND CURRENT RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE BETWEEN THE AGES OF 7 AND 15 YEARS OF AGE AT TIME OF ENTRY. Subject to Official Rules. Void in Puerto Rico and where prohibited or restricted by law. Sweepstakes begins 12:00 a.m. (ET) on nOVEMBER 3, 2008 and ends 11:59 p.m. (ET) on NOVEMBER 30, 2008. CLICK HERE for official rules. Www.uGottaDanceSweeps.Com.
AFFIDAVIT OF ELIGIBILITY & PUBLICITY/LIABILITY RELEASE The undersigned ("Winner" and "Guests") hereby warrant and represent that the information provided on this Affidavit of Eligibility & Publicity/Liability Release ("Affidavit & Release") is true and correct and that each of the undersigned submit this Affidavit & Release, jointly and severally, with the knowledge that it will be relied upon to determine their respective eligibility for the "uGottaDance" Sweepstakes (the "Promotion"), and participation in and use of the Promotion prize (the "Prize"). Each of the undersigned acknowledges and affirms that: (i) both Winner and his/her Guests have read the Official Rules for the Promotion and will comply with all terms thereof and meet the eligibility requirements set forth therein; (ii) neither Winner or Guests, nor any member of their respective immediate families, nor any person living in the same household of either, is from the time Winner entered the Promotion through the date of this Affidavit & Release an employee, officer and/or director of MTV Networks, Ubisoft Inc. (the "Sponsor Parties") or have won a grand prize in any Nickelodeon sweepstakes/promotion in the twelve (12) months prior to the start of the Sweepstakes Period; (iii) each understands that neither Winner nor Guests may participate in the Prize without first having agreed to and signed this Affidavit & Release; (iv) the Sponsor Parties have not arranged for and do not carry any insurance of any kind for the undersigned's benefit or that of any of their successors, executors, beneficiaries, heirs, trustees and administrators relative to Winner's and Guest's participation in and use of the Prize; and that each of the Winner and Guest is solely responsible for obtaining and paying for any life, accident, property or other insurance relative to participation in and use of the Prize; and (v) the Sponsor Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the performers/events, air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to Winner and Guest, including any results thereof such as changes in services or accommodations necessitated by same. None of the foregoing, nor any of the Sponsor Parties shall be liable for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever resulting from the occurrence of an act of "force majeure" (as that term is generally recognized in the travel industry). Furthermore, Winner and Guests acknowledge and affirm that none of the foregoing parties shall be liable for any loss or damage to baggage. Guests acknowledge that: (i) the Sponsor Parties have no obligation to Guests; (ii) Guests are participating in the Prize solely at the discretion of Winner; and (iii) if at any time Winner elects to withdraw Guests’ name(s) as a participant, Guests shall have no recourse, claim or action against the Sponsor Parties. In the event of any such withdrawal of Guests’ name(s) by Winner, Winner must make such withdrawal in writing to Sponsor Parties prior to Sponsor Parties having purchased any element of the Prize using Guests’ name. If such election shall occur prior to such period, Winner may designate a replacement guest and shall assume responsibility to obtain such replacement guest's signature on an Affidavit & Release prior to the time Sponsor Parties must purchase any element of the Prize using the replacement Guests’ name. Winner and Guests hereby give their respective consent to Sponsor Parties, and its respective parents, divisions, subsidiaries and affiliated entities to use the name, city and state of residence and/or image, likeness and voice (collectively, "personality") of Winner and Guests for the purpose of advertising and publicizing the Sweepstakes, Sponsor Parties, their licensees and their activities, now and in the future, without compensation other than the Prize, and Winner and Guests will reasonably cooperate with Sponsor Parties regarding such use. Winner and Guests expressly understand that any tax liability in connection with their participation in any prize will be their sole respective responsibility and understand that such taxes may be based upon the full value provided to Winner and Guests. The Prize may include action and adventure oriented sports and similar activities (collectively, "Action Activities") that involve risk or injury, and therefore, by participating in such Action Activities, Winner and Guests acknowledge and assume such risk. Participants are advised to consult their physicians regarding such Action Activities, and to pack sufficient prescription medicine (in original labeled containers) in their carry-on luggage. Winner and Guests, jointly and severally, HEREBY RELEASE the Sponsor Parties from and against any and all claims which they or their successors, executors, beneficiaries, heirs, trustees, guests and administrators (collectively, the "Releasing Parties") may now have or at any time after the date hereof may have for any and all harm, invasion of privacy, defamation, misrepresentation, negligence, illness, personal injury, property damage or destruction, accident, or any other cause of action (collectively, "Claims") and all costs or expenses related thereto arising out of the Promotion, participation in and use of the Prize, Action Activities and any related merchandise, and the advertising and marketing thereof, including but not limited to the exploitation of Winner and Guest's personality as provided for herein. Winner and Guests understand and agree that the nature, extent and result of the foregoing general release shall be to bar all Claims of whatsoever character, nature and kind, known or unknown, suspected or unsuspected; and in furtherance of this intention, hereby declare that each of Winner and Guests nevertheless desire to release in full all possible Claims and hereby waive, to the extent they apply, the provisions of section 1542 of the California Civil Code, which reads as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." In addition, Winner and Guests hereby expressly waive application of any and all rights under any other statute or rule or principle of common law or equity of any jurisdiction, government, or political subdivision thereof, similar to section 1542. Winner and Guests further understand that the significance of the foregoing waivers of California Civil Code 1542 and any similar provision are that, even if either should eventually discover damage or loss in connection with the Claims, neither Winner nor Guests will be permitted to make any claim whatsoever against the parties released in any jurisdiction for such damage or loss. Winner and Guests agree, on behalf of their selves and all Releasing Parties to INDEMNIFY, HOLD HARMLESS and DEFEND, each of the Sponsor Parties from and against any and all claims, demands, expenses, losses, damages, actions or causes of action related in any way to: (i) a breach of any provision of this Affidavit & Release; (ii) any Claims by any of the Releasing Parties; and (iii) any Claims by third parties, including but not limited to allegations that an injury or loss has occurred resulting from participation in the Promotion and the Prize. Winner and Guests further acknowledge that the Sponsor Parties have not made, nor are in any manner responsible or liable for, any warranty, representation, or guarantee, expressed or implied, in fact or law, relative to the Prize or any prize, including but not limited to its quality, mechanical condition or fitness for any purpose. In no event may either Winner, Guests or any of the Releasing Parties seek or obtain injunctive or other equitable relief with respect to any actions or omissions of any of the Sponsor Parties or any breach of the Sponsor Parties' obligations, representations or warranties hereunder, under the Official Rules or for any other purpose and each of Winner and Guests expressly waive such right and agree that their sole remedy for any of the foregoing shall be an action at law for damages. The laws of the State of New York govern this Affidavit & Release, and any claims or actions brought with respect to this Affidavit & Release may only be brought in the appropriate state or federal courts located in New York, New York and the undersigned expressly consents to the jurisdiction of such courts and to accept personal service via U.S. mail. Winner and Guests acknowledge and agree that the Prize is non-transferable and non-redeemable for cash, and that no substitutions are available to either Winner or Guests. Sponsor Parties may provide a different prize of equal or greater value unless otherwise expressly prohibited in the Official Rules. Winner and Guests acknowledge and agree that this offer is void where prohibited by law and subject to all federal, state and local regulations. If any statement made by either Winner or Guests in this Affidavit & Release is false, Winner and/or Guests agree to return the Prize (or the value of said Prize) that has been or may be awarded to Winner and Guests immediately upon demand by Sponsor Parties. Winner and Guests understand that each is obligated to sign and have a third party witness over the age of 18 certify their respective signatures and return this affidavit to the Sponsor Parties, within three (3) days of attempted notification. Winner and Guest further understand that in the event either does not comply within this time period, Winner's entry will be disqualified and an alternate will be selected. |