Official Rules
The New Nissan Altima Watch To Win Sweepstakes
Official Rules
November 9, 2009 – November 20, 2009
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Void where prohibited. The New Nissan Altima Watch to Win Sweepstakes ("Sweepstakes") will begin on November 9, 2009, at 9:00:00 P.M. ET and end on November 20, 2009 at 8:59:59 P.M. ET ("Sweepstakes Period"). The Sweepstakes will consist of five (5) individual sweepstakes (each, an "Individual Sweepstakes"). The first Individual Sweepstakes will begin on November 9, 2009, at 9:00:00 P.M. ET and end on November 10, 2009 at 8:59:59 P.M. ET. The second Individual Sweepstakes will begin on November 10, 2009, at 9:00:00 P.M. ET and end on November 11 2009 at 8:59:59 P.M. ET. The third Individual Sweepstakes will begin on November 11, 2009, at 9:00:00 P.M. ET and end on November 12 2009 at 8:59:59 P.M. ET. The fourth Individual Sweepstakes will begin on November 12, 2009, at 9:00:00 P.M. ET and end on November 13 2009 at 8:59:59 P.M. ET. The final Individual Sweepstakes will begin on November 13, 2009, at 9:00:00 P.M. ET and end on November 20 2009 at 8:59:59 P.M (each an "Individual Sweepstakes Period"). Each Individual Sweepstakes will feature a Grand Prize (each, a "Grand Prize") awarded to one (1) prize winner (each, a "Grand Prize Winner") selected in a random drawing from among all eligible entries received during the corresponding Individual Sweepstakes Period. In addition, one (1) overall bonus prize (the "Bonus Prize") will be awarded to one (1) Bonus Prize winner selected in one (1) overall Bonus Prize drawing from among all eligible entries received during the entire Sweepstakes Period. Odds of winning depend upon the number of eligible entries received. Sweepstakes is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal US residents physically located and 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 as of the start of November 9, 2009. Entrants must also have a valid social security number and/or a valid U.S. personal tax identification number. Furthermore, entrants must possess a valid U.S. driver's license issued by one of the fifty (50) United States or the District of Columbia 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 (defined below), Interpolls, 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.
TO ENTER: During the week beginning November 9, 2009 and ending November 13, 2009 , NBC will broadcast one (1) episode of selected NBC programming at the 9:00 P.M. hour ("Show") each weekday (Monday – Friday) (check local listings for channels and times when Show will air). At a predetermined time during each Show broadcast (approximately twenty (20) minutes into the broadcast), viewers will be invited to answer a trivia question pertaining to that evening's Show (each, a "Question"). Sponsors are not responsible for any cancellation, pre-emption, non-broadcast or out-of-normal-timeslot broadcast, in whole or in part, of any previously scheduled programming containing a Sweepstakes element, including, but not limited to any broadcast containing a Question, and Sponsors may choose, at their sole discretion, to cancel, modify or suspend Sweepstakes, or any portion thereof. Viewers will have from approximately 9:00 P.M ET until the end of each Individual Sweepstakes Period to answer the Question online at www.nbc.com/nissan ("Web Site"). Information required for entry consists of first name, last name, complete address, telephone number (including area code), date of birth, email address, and an answer to the one (1) Question for that Individual Sweepstakes Period. Each Question will be posted on the Web Site during the applicable Individual Sweepstakes Period. Entrants who submit an entry will be entered into both the corresponding Individual Prize Drawing ("Individual Sweepstakes Entry") and the Bonus Prize Drawing ("Bonus Prize Entry") (collectively referred to herein as "Entry" or "Entries"). Individual Sweepstakes Entries for a given Individual Sweepstakes must be received by the end of the corresponding Individual Sweepstakes Period. Individual Sweepstakes Entries for the last Individual Sweepstakes and Bonus Prize Entries for the Bonus Prize drawing (described below) must be received by 8:59:59 P.M. ET on Friday, November 20, 2009. Each Individual Sweepstakes will have its own Question. Question(s) do not have to be answered correctly in order to receive an Entry into the Sweepstakes. All required Entry information must be completed in full. Limit three (3) Entries per day per person per email address per Individual Sweepstakes Period. Entries by the same person in excess of the limits stated herein will be disqualified. Proof of delivery or receipt of Entry will not be deemed by Sponsors as proof of entry. Any attempted form of entry other than as described herein is void. All Entries become the property of NBC Universal, Inc. 30 Rockefeller Plaza, New York, New York 10112 and Nissan North America, Inc., One Nissan Way, Franklin, TN 37067, collectively, ("Sponsors"); and will not be acknowledged. Entries generated by a script, macro, 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. If there is a dispute as to the identity of an entrant who made a potentially winning Entry, Sponsors will deem that the Entry was made by the authorized account holder of the email address indicated in such Entry. The "authorized account holder" is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Except where prohibited by law or Sponsors' Privacy Policies, Entry constitutes permission 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 compensation, notification, permission, or approval. Subject to confirmation of eligibility and compliance with these Official Rules, Sponsors, in their sole discretion, reserve the right to display the names of potential Individual Sweepstakes winners. And by entering, entrants grant to Sponsors the right to do so.
PRIVACY: Any personal information supplied by entrants to Sponsors will be subject to Sponsors' respective Privacy Policies posted at: http://www.nbc.com/Footer/Privacy/ and http://www.nissanusa.com/global/privacy.html. Entrants will have the opportunity to receive information from Sponsors and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from Sponsors and selected partners, please go to their respective Privacy Policies and follow the procedures indicated.
WINNER SELECTION AND NOTIFICATION: On or about November 24, 2009, one (1) potential Grand Prize Winner for each Individual Sweepstakes will be randomly selected from among all eligible Individual Sweepstakes Entries received during each particular Individual Sweepstakes Period. On or about November 25, 2009, one (1) potential Bonus Prize Winner will be randomly selected from all eligible entries received during the entire Sweepstakes Period. Sponsors will make two (2) attempts within a twenty four (24) hour period to contact each potential Grand Prize Winner and the potential Bonus Prize Winner at the phone number provided by each entrant at time of Entry. Each potential Grand Prize Winner will be required to execute and return (via shipping service pre-paid by Sponsors) an Affidavit of Eligibility, Liability Release, Publicity Release (where legal), an IRS Form W-9, any other documentation that Sponsors may require, along with a legible copy of his/her valid U.S. driver's license issued by one of the fifty (50) United States or the District of Columbia (collectively, "Sweepstakes Documents") within five (5) days after receipt of those documents by potential Grand Prize Winner(s) or potential Grand Prize Winner(s) may be disqualified and an alternate potential Grand Prize Winner(s) may be selected in a random drawing from the remaining eligible Entries for the applicable Individual Sweepstakes Period at Sponsors' sole discretion. By returning the completed Sweepstakes Documents, each potential Grand Prize Winner attests to the authenticity of his/her Entry. If a potential Grand Prize Winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her prize notification or prize correspondence is returned as undeliverable, such potential Grand Prize Winner will be disqualified and, at Sponsors' sole discretion, an alternate potential Grand Prize Winner may be selected in a random drawing from the remaining eligible Individual Sweepstakes Entries received for the applicable Individual Sweepstakes Period. Potential Bonus Prize Winner will be required to complete a telephone eligibility questionnaire ("Questionnaire") conducted by Sponsors' representatives. By completing the Questionnaire, potential Bonus Prize Winner attests to the authenticity of his/her Entry. If potential Bonus Prize Winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her prize or prize notification is returned as undeliverable, potential Bonus Prize Winner will be disqualified and an alternate potential Bonus Prize Winner will be selected from the remaining from all eligible entries received during the entire Sweepstakes Period, at Sponsors sole discretion. Prize notifications and Sweepstakes Documents will only be shipped to addresses in the forty eight (48) contiguous United States and the District of Columbia.
PRIZES: There will be five (5) grand prizes (each a "Grand Prize" collectively, "Grand Prizes") will be awarded; one (1) Grand Prize for each Individual Sweepstakes Period. Each Grand Prize consists of the following: One (1) 2010 Altima S with SL Package and floor mats. All details of the Grand Prize vehicles to be determined by Sponsors in their sole discretion. The estimated retail value ("ERV") of each Grand Prize vehicle is twenty one thousand eight hundred fifty dollars $21,850. One (1) Bonus Prize winner will receive: NBC merchandise, which may include, but not limited to, a t-shirt, a hat, a key ring, or DVD (exact items awarded to be determined by Sponsors in their sole discretion). ERV of Bonus Prize is two hundred dollars ($200). Total ERV of all Prizes is one hundred nine thousand four hundred fifty dollars ($109,450). All Grand Prize(s) features and options, interior and exterior colors, and all other details of the Grand Prize(s) will be determined by Sponsors in their sole discretion. Each winner will be responsible for all applicable state and local sales tax, and title, license and initial registration fees for his/her Grand 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 each Grand Prize Winner. No substitution, transfer, or cash equivalent will be awarded in lieu of Grand Prize(s), 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. Each Grand Prize Winner (or such Grand Prize 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 his/her Grand 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 a Grand Prize Winner's residence or a dealership close thereto. Sponsors will use all reasonable efforts, subject to availability, to deliver each Grand 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 a Grand Prize. In order to accept a Grand Prize, each Grand 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. Each Grand Prize Winner bears the risk of damage to his/her Grand Prize after delivery to specified Delivery Site and each Grand Prize Winner's vehicle 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 Grand Prize having substantially the same dealer cost, as determined by Sponsors in their sole discretion. Each Grand Prize Winner is solely responsible for all travel and transportation costs incurred in connection with collecting his/her Grand 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 a Grand Prize, including, without limitation, any costs incurred in bringing a Grand Prize vehicle from the Delivery Site to a Grand Prize Winner's home and any other costs/expenses not specifically mentioned in these Official Rules as being included in the Grand Prizes. Grand Prizes will be delivered solely with the express written limited warranties set forth in the applicable warranty booklet. Grand Prize Winners are not eligible for any cash rebate programs. Grand Prize Winners agree 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 Grand Prizes, including, but not limited to, the quality, mechanical condition, or fitness, except that the Grand Prizes do include Nissan's standard new vehicle limited warranty as set forth in each vehicles' Warranty Booklets (see Nissan dealers for full details). Each Grand Prize Winner will receive an IRS Form 1099 for the total ERV of his/her Grand Prize. If a Grand Prize Winner is deemed a minor, his/her Grand Prize will be awarded in the name of his/her legal guardian. Any depiction of Grand Prizes 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, employees, shareholders, representatives, and agents (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 his/her acceptance, possession, use, misuse, or inability to use Prize or any portion thereof (including any travel related thereto); (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 the Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant's name on the Web Site 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 compensation, notification, permission or approval 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 herein or in the Sweepstakes itself, and to be bound by all actions of the Sponsors, whose decisions are binding and final on all matters related to this Sweepstakes. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors' sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to terminate the Sweepstakes or permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. Sponsors reserve the right to cancel, suspend, or modify 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) should any computer virus, malfunction, or other cause corrupt the administration, security, or proper operation thereof. In the event of such cancellation, suspension, or modification, Sponsors reserve the right to award Prize in a random drawing from among all eligible, non-suspect Entries received prior to the event requiring such cancellation, suspension, or modification. Notice of cancellation, suspension, or modification will be posted on the Web Site. 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 (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 and/or telephone 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, mobile telephone service, or computer failures of any kind; for inaccurate transcription of entry Information; for errors in any promotional, marketing, or prize notification or fulfillment 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 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 (as determined by Sponsors in their sole discretion).
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., 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.
RULES/WINNERS LIST: For the names of the winners, available after December 1, 2009, or for an additional copy of these Official Rules, send a self-addressed, stamped envelope to be received by February 1, 2010 to: The New Nissan Altima Watch to Win Sweepstakes "RULES" or "WINNERS LIST" (specify which), P.O. Box 11389, Burbank, CA 91510. Vermont residents may omit return postage for "RULES" requests.
©2009 NBC Universal, Inc. All rights reserved. Official Rules may be copied for personal use only and not for any commercial purposes whatsoever.
