RULES AND GUIDELINES
The Rules and Guidelines set forth below (collectively, these "Rules") describe how you can vote and the guidelines governing your participation. Please review and if you disagree with any of these terms or cannot follow these guidelines, do not participate. YOUR VOTE SHALL CONSTITUTE ACCEPTANCE OF THESE RULES.
Promotion Description: Sprint Presents the "Create Your Hero"™ Promotion (the "Promotion") is sponsored by NBC Universal, Inc. ("NBC") and Sprint Communications Company, LP ("Sprint") (collectively, the "Sponsors"). There are two (2) ways to participate in this Promotion: (i) online and (ii) by cellular phone using an appropriately enabled Sprint mobile handset. The Promotion consists of two separate phases. These Rules and Guidelines are intended to cover the second phase of the Promotion only. The second phase allows participants to assist in the creation of one hero by voting for either one (1) male or one (1) female hero. Information regarding additional phases of the Promotion will be posted here, check back here for updates. Phase 2 of the Promotion begins at 12:01:01 A.M. ET on July 15, 2008 and ends on or about at 11:59:59 P.M. ET on November 29, 2008 ("Phase 2 Period"). For purposes of this Promotion, all times are defined by Eastern Time ("ET").
How To Participate Online: Online participants in Phase 2 will have the opportunity to vote on either one (1) male or one (1) female hero, access the NBC Heroes web site at http://www.nbc.com/Heroes (the "Web Site"). Once the Web Site is accessed, participants can click on the "Create Your Own Hero" icon or text link to be sent to a web page where they will be presented with one (1) male or one (1) female hero option. Browser requirements to participate in this promotion are: Flash 8 required on both Mac and PC. Internet Explorer, FireFox and Safari browsers are preferred.
How To Participate by cell phone: Customers with appropriately enabled Sprint mobile handset handsets with SMS Text Message-capability in Phase 2 will also have the opportunity to vote on either one (1) male or one (1) female hero. Standard messaging and Sprint Vision™ rates, terms and conditions (available at sprint.com) will apply. In addition, standard text messaging and data rates will apply to all other text messages sent and received and data accessed in connection with the Promotion. To vote for, participants must use a text message capable Sprint handset. Sprint customers can participate during Phase 2 by accessing the Wireless Access Portal that will present (1) male and one (1) female hero Handset voting throughout the Phase 2 Period.
Phase I Vote Tallying: Any attempted form of voting other than as described herein is void. Each participant's response to a Phase 2 Question will be collected as a Phase 2 Online or a Phase 2 Sprint Handset Vote for the respective hero. The hero that receives the most overall Votes in connection with Phase 2 will be declared the winning hero. On or about February 15, 2007 NBC will tally the Phase 2 Online and the Phase 2 Sprint handset Votes. In the event of a tie for, the Sponsors in their sole discretion will decide which hero will be deemed the Viewers Preference.
Conditions for Participation and Validation of Votes: Phase 2 Sprint Handset Votes from Sprint handsets and/or Phase 2 Online Votes generated by a script, macro, robotic or other technical enhancements designed to generate significant voting that interferes with the outcome will be disqualified. There is no limit to the number of times that a participant may vote during Phase I after the Questions and Answers have been posted. ANY USE OF COMPUTER PROGRAMS TO ENTER AND/OR OTHER AUTOMATIC VOTING METHODS, (SUCH AS HACKS OR BOTS), REGARDLESS OF METHOD OF VOTING IS STRICTLY PROHIBITED. The Sponsors reserve the right to disqualify, and block or discard any Sprint Handset or Online Votes from any individual who votes by any kind of electronic, mechanical or other automated means or otherwise tampers with or hacks the voting process as determined by the Sponsors in their sole discretion. NBC also reserve the right, in their sole discretion, to cancel, modify or suspend the Online, electronic and/or Sprint Handset or to reset Voting for any portions of the Promotion in the event of a computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failure or disruption, force majeure or any other causes which, in its sole opinion, corrupt the administration, security, fairness, integrity, or proper operation of the Promotion. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Sponsors are not responsible for late, lost and/or incomplete Sprint Handset or Online Votes, which will be disqualified.
General Terms and Conditions: The Promotion is subject to these Rules and Guidelines and all applicable federal, state and local laws (collectively, "Rules and Laws"). Once submitted, all Votes become the sole property of the Sponsors and will not be returned. The Questions and Answers, and any additional information provided regarding the "Hero," are and will remain the property of NBC, which will be the owner of the final "Hero" selected in Phase II of the Promotion. Use of these materials other than in connection with this Promotion is prohibited without the written consent of NBC. Any personal information supplied by participants to Sponsors or their affiliates or representatives will be subject to Sponsors' respective Privacy Policies. Except where prohibited by law and the Sponsors' respective Privacy Policies: The Sponsors have the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Votes however they see fit and for any purpose without any notice or compensation to participant or any third parties. Any person attempting to defraud or tamper with this Promotion will be prosecuted. Sponsors reserve the right, at their sole discretion, to disqualify any Votes submitted by an individual they find to be tampering with the voting process or the operation of the Promotion or the Web Site or any website related to the Promotion or to be acting in violation of these Guidelines. In the event of vote tampering, sponsors reserve the right to tally the votes from all salvageable Votes, if any. Please note that a high volume of votes, or technical difficulties with the systems, may result in temporary inability to participate in the Promotion or a delay in the processing of the text message or online votes such that a vote may not be received in time to participate. Sponsors and Sponsors' representatives are not responsible or liable should any SMS Text Message or Online Vote not be received due to such delays.
In the event the Show is cancelled or preempted, for any reason, after a Show episode is already airing, or in the event any portion of the Promotion is not capable of running as originally planned (as determined solely by Sponsors), the Sponsors, at their sole discretion, reserve the right to cancel, suspend or modify the Promotion or any portion(s) thereof.
Disclaimers: Votes that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or votes submitted using any technical enhancements designed to generate significant votes, or Online and SMS Text Message Votes that are illegible, late, mutilated, tampered with, forged, incomplete, misdirected, lost, misplaced, stolen, destroyed, or otherwise not in compliance with these Rules and Guidelines will be disqualified. By participating in the Promotion, participants agree and acknowledge to be bound by the decisions of the Sponsors which are final and binding in all respects. Participants agree to waive any rights to claim ambiguity with the Rules and Laws, and that Sponsors shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury, or death) in connection with participation in this Promotion (including but not limited to, ambiguous Questions and/or disputes over Answers to Questions); human error; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software or internet service provider; interruption or inability to access Promotion, Web Site or any online service via the internet due to hardware or software compatibility problems; any damage to participants (or any third person's) computer and/or its contents related to or resulting from any part of this Promotion; or any lost/delayed data transmissions, omissions, interruptions, defects and/or any other errors or malfunctions; even if any of the foregoing was caused by the negligence of one or more of the Sponsors. Participants further agree to indemnify, release and hold harmless the Sponsors, their respective parent companies, affiliates, subsidiaries, and advertising and promotion agencies, any other entity involved in the development or administration of the Promotion, and each of their respective directors, officers, employees and assigns, harmless against any and all claims and liability of any kind arising in whole or in part, directly or indirectly, out of participation in the Promotion and waive all rights to claim direct, indirect, punitive, incidental and/or consequential damages.
The Sponsors: NBC Universal, Inc., 3000 West Alameda Avenue, Burbank, CA 91523, and Sprint Communications Company, LP, 6130 Sprint Parkway Overland Park, KS 66251.