OFFICIAL RULES
NO 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 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE BETWEEN THE AGES OF 9 AND 14 AT THE TIME OF ENTRY. CLASS SIZE IS NOT TO EXCEED 35. SWEEPSTAKES IS VOID WHERE RESTRICTED OR PROHIBITED BY LAW. THE SWEEPSTAKES, AND ANY WEB SITE PAGES AND ADVERTISEMENTS RELATING THERETO, ARE INTENDED FOR VIEWING ONLY WITHIN THE UNITED STATES. OFFICIALS AT ENTRANT’S SCHOOL MUST AGREE TO PARTICIPATE IN THIS SWEEPSTAKES AND ANY OTHER OBLIGATIONS REQUIRED BY SWEEPSTAKES ENTITIES PRIOR TO ANY WINNER BEING SELECTED OR ANNOUNCED.
1. HOW TO ENTER: The Sweepstakes begins at 12:01 a.m. (Eastern Time [“ET”]) on 5/10/07 and ends at 11:59 p.m. (ET) on 6/3/07 (“Sweepstakes Period”). To enter visit www.nick.com/classtrip, fill in the online entry form and submit it in accordance with the on-screen directions during the Sweepstakes Period. All required information requested in the entry form must be provided or your entry will be disqualified. There is a limit of one (1) entry per person. Entries must be received no later than 11:59 p.m. (ET) on 6/3/07. Acknowledgement or verification of receipt of entries will not be provided except as indicated herein. All entries submitted become the sole property of Sponsors. Use of a profane username or the submission of false or misleading personal information by an entrant will be grounds for disqualification. Sponsors retain sole discretion to determine whether entry information is profane, false, or misleading.
2. ELIGIBILITY: To enter the Sweepstakes you must be (i) a legal resident of the 48 contiguous United States or the District of Columbia, (ii) between the ages of 9 and 14 at the time of entry, and (iii) physically located in the United States at the time of entry. Entries received from persons residing in geographic areas in which entry is not permissible will be disqualified. Officials at entrant’s school (“School Official”) must agree to participate in this sweepstakes prior to a potential winner being announced. Employees, officers and directors of Sponsors, Sweepstakes Administrator, Sweepstakes Fulfillment Company, their promotional partners, and their respective affiliated companies, cable affiliates, licensees, parents and subsidiaries, and their advertising and promotion agencies (collectively, “Sweepstakes Entities”), 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, are ineligible to participate in this Sweepstakes.
3. DRAWING AND NOTIFICATION: The Sweepstakes Administrator will select a potential
prize winner (“Potential Prize Winner”) by conducting a random drawing
on or about 6/10/07. The decisions of Sweepstakes Entities are final and binding
in all respects. The odds of winning will depend on the total number of eligible
entries received during the Sweepstakes Period. The School Official will be
notified by telephone, mail and/or email at Sponsor’s discretion within
one (1) week of the drawing. If the School Official cannot be contacted within
two (2) days from the first notification attempt by Sweepstakes Administrator,
then such Potential Winner will be disqualified and another Potential Prize
Winner will be selected from the remaining eligible entries received. Once contact
has been made by Sweepstakes Administrator with School Official, School Official
shall have two (2) business days to respond with approval or denial of acceptance.
4. PRIZE: The official winner (the “Winner”) will receive a vacation package to Orlando, Florida (the “Prize Package”). The Prize Package includes (i) roundtrip coach air transportation for the Winner and his/her homeroom class students and teacher. Class size is limited to thirty-five (35) including the students and teacher. One parent or legal guardian must accompany each student and the Winner (the “Guests”)), (ii) three (3) nights’ hotel accommodations at Nick Hotel in Orlando, FL for Winner and Guests, (iii) Sponsor selected meals, (iv) tickets for Winner and Guests to one of the Orlando theme parks of Sweepstakes Entities choice, (v) transportation of Sweepstakes Entities’ choice for Winner and Guests to limited excursions of Sponsor’s choice while in Orlando, and (vi) $500.00 in spending money for Winner and each student in the class and teacher. Winner and his/her homeroom classmates must be accompanied by a parent or legal guardian and will be responsible for transportation to and from airport nearest Winner’s residence. Prize Package must be taken on dates to be specified by Sweepstakes Entities. Sweepstakes Entities’ liability is limited to the cash value of the Prize Package. Itinerary and other documents required by Sweepstakes Entities will be mailed two (2) to four (4) weeks after all follow-up has been received by Sweepstakes Administrator. Approximate Retail Value [“ARV”] $104,650.00. NOTE: Prize Package is limited to Winner, teacher, each student in Winner’s homeroom class and one (1) parent or legal guardian of Winner and each student. Any others in attendance will be responsible for all costs associated with participating.
The actual value of the Prize may vary depending upon the location of the Winner, fares at the time of travel and the value of services rendered and products provided at the time of the travel. Any difference between the actual value and ARV will not be awarded. The name of the Guests cannot be changed once ticketed.
Florida Residents: (a) If Winner and Guests reside within a one hundred and twenty (120) mile radius of Orlando, Florida (“local residents”), in lieu of the round trip coach airfare portion of the Prize Package, the Winner and Guests will receive transportation via charter bus of Sweepstakes Entities choice for Winner and Guests to and from Winner’s local town to the hotel. Total ARV of local residence Prize Package is $61,250.00. No compensation will be awarded in lieu of the difference in the total ARV.
California Residents: If Winner resides in the State of California, Winner and Guests agree to waive any and all right that they or any party claiming by, through or for them have, have had, may now have or hereafter will have under the provision of Section 1542 of the civil Code of the State of California and any similar provision in any other jurisdiction. Section 1542 provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing a release, which if known by him or her must have materially affected his or her settlement with the debtor.”
5. GENERAL PRIZE CONDITIONS/RESTRICTIONS: Sweepstakes Entities will not be
responsible for round-trip transportation for Winner and Guests from their residence
to the major U.S. airport gateway nearest Winner’s residence, including
but not limited to any costs associated therewith. All other travel arrangements
indicated in the Prize Package must be made by Sweepstakes Fulfillment Company
in advance of travel. Winner and Guests must present valid travel documents
and travel on the same itinerary. Exact travel times and arrangements are subject
to availability and blackout periods. The Sweepstakes Entities are not responsible
for any cancellations, delays, diversions or substitutions, or any act or omission
whatsoever with respect to the Prize Package. Except as indicated in the Prize
Package, all meals, taxes, gratuities, incidentals (including mini-bar), phone
charges, and other expenses not specifically identified in these Official Rules
are solely the responsibility of the Winner and Guests. Winner and Guests must
comply with all hotel check-in requirements, including but not limited to the
presentation of a major credit card. No transfer, substitution, upgrade, credit,
refund or cash equivalent for prizes is allowed except at Sweepstakes Entities’
sole discretion. Sweepstakes Entities reserve the right, in its sole and absolute
discretion, to substitute a prize or prize component of equal or greater value
if a prize or prize component cannot be awarded as described for any reason.
6. RELEASES/TAXES: Before the Potential Prize Winner will be deemed the Official Prize Winner, School Official at Potential Prize Winner’s school, must agree to provide required information needed to fulfill this Sweepstakes prior to the Potential Winner being announced. Following completion of approval from the School Official, Potential Winner and his/her parent or legal guardian will be required to execute and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (except where prohibited) (the “Affidavit/Release”). All Guests of the Official Winner will also be required to sign and return a Liability Release and Publicity Release before being considered a Guest. All Affidavit/Releases must be returned no later than five (5) business days from sending such documents. If such documents are not returned to within five (5) business days, or Potential Winner is found to be ineligible, or does not comply with the Official Rules, that Potential Prize Winner will be disqualified and any and all rights to the Prize Package (including those of Potential Winner’s Guests) will be forfeited. The return of a prize notification as undeliverable will result in disqualification. In the event a Potential Prize Winner or Winner is disqualified for any reason under the provisions of these Official Rules, a random drawing will be conducted in order to select an alternate Potential Prize Winner, if time permits. All federal, state or other tax liabilities (including income taxes) arising from the Prize Package contained in this Sweepstakes will be solely the responsibility of the Official Winner and Guests. Except where prohibited by law, the Winner’s entry and acceptance of the Prize Package constitutes the Winner’s parent or legal guardian’s permission for the Sponsors and those acting under their authority to use the Winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state only) alone or together with others on a worldwide basis, and in all forms of media, in perpetuity, for advertising or promotional purposes without review or further compensation.
7. SWEEPSTAKES CONDITIONS: This Sweepstakes is subject to all applicable federal, state and local laws. By participating, entrants agree to abide by and be bound by these Official Rules and the decisions of the Sweepstakes Entities on all matters relating to this promotion and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. By participating, Winner and Guests agree to release, discharge, indemnify and hold harmless the Sweepstakes Entities, and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages or liability due to any injuries, theft, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from a) acceptance, receipt, possession, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes, b) any malfunction of the entry website, c) any error in the collection or retention of entry information, and/or d) any typographical or other error in the printing, offering or announcement of the Prize. Winner and Guests assume all liability for any injury or damage caused, or claimed to be caused, by participating in this Sweepstakes or use or redemption of the Prize. The Sweepstakes Entities may prohibit an entrant from participating in the Sweepstakes or winning the Prize if, in its sole discretion, it determines that the entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs, systems or agents) or by acting in an unsportsmanlike or disruptive manner, or by attempting or intending to annoy, abuse, threaten or harass any other entrants or the Sweepstakes Entities representatives. The Sweepstakes Entities reserve the right to disqualify any entrant that the Sweepstakes Entities determine, in their sole discretion, has threatened the operation of this Sweepstakes or violated these Official Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
8. LIMITATIONS OF LIABILITY: Sweepstakes Entities are not responsible for lost, late, misdirected, undeliverable or incomplete entries due to system errors, human errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system or human errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by the Sweepstakes Entities on account of technical problems, or any combination thereof, including other telecommunications malfunctions which may limit an entrant’s ability to participate. The Sweepstakes Entities are also not responsible for any malfunction of the entire website or error in the collection or retention of entry information. The Sweepstakes Entities assume no responsibility for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries and is not responsible for errors in printing or presentation of the Sweepstakes. The Sweepstakes Entities assume no responsibility for computer system, phone line, hardware, software or program malfunctions or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. The Sweepstakes Entities are not responsible for incorrect or inaccurate entry of information caused by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of the Sweepstakes Entities which corrupt or affect the administration, security, fairness, integrity, fulfillment or proper conduct of the promotion, then the Sweepstakes Entities reserve the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes prior to its stated expiration date. If such action occurs, notice will be posted on the website, and any eligible entries received prior to the termination or cancellation, if any, will be included in the random drawing to select the Potential Prize Winner.
9. FORCE MAJEURE; SUSPENSION:
a) An event of "force majeure" shall exist if the operations of the
Sweepstakes Entities’ are materially impaired, hampered, interrupted,
prevented, suspended, postponed or discontinued including, without limitation,
by reason of any statute, law, ordinance, regulation, order, judgment or decree,
whether legislative, executive, or judicial (and whether imposed on an industry-wide
basis or affecting only Sweepstakes Entities), the Sweepstakes; any act of God,
including fire, earthquake, flood or climactic conditions; any riot, civil disturbance,
act of terrorism, act of war or armed conflict or intervention of military forces;
any casualty or accident; labor controversy, strike or dispute; act of a public
enemy; embargo; delay of a common carrier; changed economic conditions; inability
without fault on Sweepstakes Entities’ part to obtain sufficient material,
labor, transportation, power or other essential commodity required in the course
of the Sweepstakes; and/or all other events customarily included as events of
force majeure in the U.S. and/or any other similar or dissimilar occurrence
beyond Sweepstakes Entities’ control including, without limitation, the
termination, default or suspension of the financing and/or distribution of the
Sweepstakes, or the death, illness or incapacity of Winner or other key personnel
on the Sweepstakes.
b) Sweepstakes Entities’ right to suspend: If any event of disability,
default or force majeure occurs at any time during the Sweepstakes Period or
the Sweepstakes fulfillment, Sweepstakes Entities shall have the right to suspend
the Sweepstakes and any and all commitments to Winner and Guests. Any suspension
shall continue until Sweepstakes Entities’ notice to Winner ending the
suspension.
10. 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 nick.com, and any “opt-in” language contained on the Sweepstakes entry web page, if any.
11. RULES/WINNERS LIST: To receive the name of the Winner or an additional copy of these Official Rules, send a self-addressed, stamped envelope to:
Nick Takes Over Your Class Trip Sweepstakes
1515 Broadway, 39th Floor
New York, NY 10036
Attn: L. Eavey
All requests must be received by 6/10/2007. You may also view the rules by visiting www.nick.com/classtrip during the Sweepstakes Period.
SPONSORS: MTV Networks, 1515 Broadway, New York, NY 10036
Orlando/Orange County Convention & Visitors Bureau
6700 Forum Drive, Suite 100, Orlando, FL 32821
SWEEPSTAKES ADMINISTRATOR:
National Sweepstakes Company 693 East Avenue Rochester, NY 14607
SWEEPSTAKES FULFILLMENT COMPANY:
The Promotional Egde, 9937 Jefferson Blvd., Suite 210, Culver City, CA 90232