
Official Rules
4/3/09 - 5/4/09
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve chances of winning. Void where taxed, restricted and prohibited. The Nissan Mobile Device Giveaway ("Sweepstakes") begins on 4/3/09 at 8:00 P.M. and ends on 5/4/09 at 11:59 P.M. ("Sweepstakes Period"). All times in the Sweepstakes refer to Eastern Time. Odds of winning depend upon the number of eligible entries received. Sweepstakes is subject to all applicable federal, state and local laws.
TO ENTER: To enter, during the Sweepstakes Period, go to www.nbc.com/nissan, click on the Sweepstakes banner, and follow the provided instructions to: a) answer trivia question(s) about where in America the Nissan Cube appears on the cover of the Heroes Graphic Novel, which will be available on NBC.com during the Sweepstakes Period, b) complete and submit the official online entry form which includes your full name, complete address, daytime telephone number, date of birth and valid e-mail address, and c) submit the entry online for a chance to win a Nissan Cube. You do not have to answer the trivia question(s) to enter the Sweepstakes and your answers to the trivia question(s) will not affect your chances of winning the Sweepstakes. All entries become the property of NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112 ("NBC Universal"), and Nissan, NMAC P.O. Box 660360 Dallas, TX 75266 (collectively, "Sponsors"), and will not be acknowledged or returned.
Entries must be received on or before 5/4/09 at 11:59 P.M. to be eligible for the Sweepstakes. Limit one (1) entry per person/email address/day during the Sweepstakes Period. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Entries generated by a script, macro, facsimile, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant who made a potentially winning entry, Sponsors reserve the right to deem that the entry was made by the registered subscriber of the email address submitted at the time of entry. Entry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known throughout the world in perpetuity without additional notification, permission, approval or compensation.
PRIVACY/USE OF DATA: Entrants will have the opportunity to receive information from NBC Universal and selected partners by checking the appropriate box on the entry page. If, at any time, you no longer wish to receive materials from NBC Universal or its partners, please go to the NBC Universal privacy policy (the "Privacy Policy"), located at http://www.nbc.com/Footer/Privacy/, or the applicable partner's privacy policy and follow the procedures indicated. Sponsors will be collecting personal data about entrants in accordance with the Privacy Policy. Please review the Privacy Policy at. By participating in the Sweepstakes, you hereby agree to Sponsors' collection and usage of your personal information, and acknowledge that you have read and agreed to Sweepstakes' privacy policy.
ELIGIBILITY: Open only to permanent, legal US residents physically residing in one (1) of the forty-eight (48) contiguous United States or the District of Columbia who are eighteen (18) years of age or older and have access to the internet as of the start of the Sweepstakes Period. Entrants must also have either a valid social security number and/or a valid U.S. personal tax identification number. Furthermore, entrants must have a valid driver's license and automobile insurance in their state of residence and proof of such will be required if an Entrant is selected as a potential winner. Residents of Alaska, Hawaii, Guam, Puerto Rico and all other U.S. territories and possessions not specifically named herein to be eligible are not eligible to enter or win this Sweepstakes. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons' immediate families (spouses, parents, children, and siblings, and their spouses regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include Sponsors and their respective parent, subsidiary, and affiliate companies and administrative, advertising, and promotion agencies and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.
WINNER SELECTION AND NOTIFICATION: On or about 5/11/09, one (1) potential winner will be selected in a random drawing by employees of Sponsors from all eligible entries received during the Sweepstakes Period. Sponsors' decisions are final and binding with respect to all matters related to the Sweepstakes.
Sponsors will make two (2) attempts to notify the potential winner at the phone number and/or email address submitted at the time of entry. The potential winner may be required in Sponsors' sole discretion, to execute and return an affidavit of eligibility, release of liability (except where prohibited), a publicity release, an IRS Form W-9 and any other documentation that Sponsors may require (collectively, "Sweepstakes Documents") within five (5) days of such notification. Noncompliance within this time period will result in disqualification, and an alternate potential winner may be selected from the remaining eligible entries. If any potential winner is considered a minor in his/her jurisdiction of residence, the Sweepstakes Documents must be signed by his/her parent or legal guardian. If potential winner cannot be reached, if he/she is found to ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable or otherwise rejected, the potential winner will be disqualified and an alternate potential winner may be selected from the remaining eligible entries.
PRIZE: One (1) prize shall be awarded to the winner consisting of one (1) Nissan Cube 1.8 SL vehicle with an estimated retail value ("ERV") of sixteen thousand seven hundred ninety dollars ($16,790) ("Prize").
All Prize features and options, interior and exterior colors, and all other details of the Prize will be determined by Sponsors in their sole discretion. Winner will pay all applicable state and local sales tax, and title, license and initial registration fees for the Prize Any differences between the stated ERV and the actual Manufacturer's Suggested Retail Price ("MSRP") will not be awarded. Any upgrades and additional options are at the sole expense of the winner. No substitution, transfer, or cash equivalent will be awarded in lieu of Prize, except that Sponsors, at their sole discretion, reserve the right to substitute a prize (or portion thereof) of comparable or greater value for any reason. Winner (or such winner's parent or legal guardian if winner is a resident of a jurisdiction that deems winner to be a minor) must take delivery of the Prize at a location ("Delivery Site") and on a date designated by Sponsors in their sole discretion. Sponsors and/or their representatives reserve the right, but not the obligation, to designate the Delivery Site as the winner's residence or a dealership close thereto. Sponsors will use all reasonable efforts, subject to availability, to deliver the Prize within ninety (90) days of receipt of completed Sweepstakes Documents (as defined above). Sponsors are not responsible for any delays in the delivery of the Prize. In order to accept the Prize, winner must possess and present adequate personal identification, evidence of legally required insurance, and a valid U.S. driver's license issued by one (1) of the fifty (50) United States or the District of Columbia. Winner bears the risk of damage to Prize after delivery to specified Delivery Site and Prize will be forfeited if not picked up within thirty (30) days after delivery thereto. All reasonable efforts shall be used to provide the model stated above or at least a Prize having substantially the same dealer cost, as determined by Sponsors in their sole discretion. Winner is solely responsible for all travel and transportation costs incurred in connection with collecting Prize, all federal, state and local taxes, including, without limitation, income taxes, as well as title and license fees, registration fees, insurance, additional options, and any other costs incurred in claiming, registering, or using the Prize, including, without limitation, any costs incurred in bringing the Prize from the Delivery Site to the winner's home and any other costs/expenses not specifically mentioned in these Official Rules as being included in the Prize. Prize will be delivered solely with the express written limited warranties set forth in the applicable warranty booklet. Winner is not eligible for any cash rebate programs. Winner agrees that Sponsors have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize, including, but not limited to, the quality, mechanical condition, or fitness, except that the Prize does include Nissan's standard new vehicle limited warranty as set forth in Prize's Warranty Booklet (see Nissan dealers for full details). Winner will receive an IRS Form 1099 for the total ERV of the Prize. If Winner is deemed a minor, the Prize will be awarded in the name of his/her legal guardian. Any depiction of Prize is for illustrative purposes only.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities and their respective officers, directors, and employees (collectively, "Released Parties") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Sweepstakes and/or, if applicable, his/her acceptance, possession, use, or misuse of Prize; (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as the winner, to the posting of such entrant's name at www.nbc.com/nissan and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known throughout the world in perpetuity without additional notification, permission, approval or compensation, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors' sole discretion.
ADDITIONAL TERMS: Sponsors may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors' agents or representatives; or behaves in any other disruptive manner, including without limitation cheating, hacking, being deceptive, or participating in other unfair playing practices, as determined by Sponsors in their sole discretion. Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, ISP, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select the winner in a random drawing from among all eligible, non-suspect entries received up until the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at www.nbc.com/nissan.
DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. ("JAMS"), IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the winner, available after 05/25/09, visit NBC.com/nissan.



























