1.
INTRODUCTION
ACE
Hardware and Harrah's Entertainment (“Sponsors”) are offering the Donny
& Marie promotion (“Sweepstakes”). NO PURCHASE OR
OBLIGATION IS NECESSARY. By entering this Sweepstakes, entrants agree to
abide by all terms of these Official Sweepstakes Rules and the decisions of Dial
Global (“Sweepstakes Administrator”) and Sponsors, whose decisions shall be
final and binding. VOID WHERE PROHIBITED.
2.
Eligibility
This
Sweepstakes is open only to individuals who are 21 years of age or older and legal residents of the
contiguous
3. HOW TO ENTER
The
Sweepstakes begins at 2:00 a.m. EDT on March 30, 2009 and ends at 05:00
p.m. EDT on April 15, 2009 (“Sweepstakes Period”). To enter, participants must
call in to the 800 phone number announced during broadcasts of the “KOOL Gold”
program (the “Program”) during the Sweepstakes Period. We are not responsible for any technical
malfunctions that may occur.
4. Winner Selection
Seventy-Five
(75) people will be qualified for the grand prize from March 30, 2009 – April
15, 2009.
Odds
of winning depend on the total number of phone calls.
Only
one (1) winner per household.
Grand
prize drawing will be conducted by an impartial representative of Sweepstakes
Administrator.
Grand
prize winner will be selected and called on April 16, 2009.
Grand
prize winner will be announced on the air on April 17, 2009.
Each
KOOL GOLD affiliate that choose to solicit calls directly to its own local
telephone number for this sweepstakes may submit one grand prize entry per
local day part, per day, during the Sweepstakes Period (for example, a local
affiliate airing a local program during 2 day parts Monday through Friday is
allowed 10 grand prize entries each week for a total of 20 grand prize
entries during the Sweepstakes Period).
In addition, each KOOL GOLD radio station affiliate
that chooses to collect entries at local live remote broadcasts may submit five
entries per remote (no more than two remotes during this Sweepstakes Period)
during the duration of the promotion. Local radio station affiliates are
responsible for awarding runner-up prizes, if any, to its own grand prize
entrants for this Sweepstakes.
Local qualifier names must be submitted to the
sweepstakes administrator for Sweepstakes #1 no later than 5 PM EST on Wednesday,
April 15, 2009.
5.
PrizeS
One (1) Grand Prize for two (2)
people: Roundtrip Airfare for two
(people) to Las Vegas, NV (Paid for by Ace Hardware), Hotel accommodations at
the Flamingo Hotel and Two (2) VIP tickets for the Donny and Marie Show (provided
by Harrah’s).
Airfare must be from the nearest major airport to the
winner’s home address to
Winner assumes all responsibility, financially and
otherwise necessary to get to the airport that the flight will be booked out of.
All other expenses, including but not limited to
transfers, ground transportation and incidentals are the responsibility of the
winner.
The
approximate retail value (“ARV”) of the grand prize is $1500.00
Seventy-Five (75) runner-up
prizes: CD The ARV is $15.00.
Prizes
are non-transferable. No cash redemption or substitution, except that
Sweepstakes Entities, in their sole discretion, reserve the right to change or
replace prizes at any time with prizes of greater or comparable value. The value
of prizes may be taxable as income. Prize winners are solely responsible for
all applicable federal, state and local taxes that become due. The grand prize
winner must provide a social security number for 1099/income tax filing
purposes prior to the awarding of the prize.
6. WINNER NOTIFICATION
If there is a grand prize
winner, the Sweepstakes Administrator will attempt to notify the prospective
grand prize winner by telephone on April 16, 2009. If the prospective
grand prize winner cannot be contacted within 1 day of the first attempted
contact, or if eligibility requirements are not met, a prospective grand prize
winner will be deemed ineligible, and an alternative prospective grand prize
winner will be selected at random from the remaining runner up prize winners.
This winner selection process will continue through 3 rounds of selecting
alternates until a grand prize winner is determined. All prize winners will be
required to complete, sign and return Affidavits of Eligibility, Waivers of
Liability and Publicity Releases. Failure to comply with these Official
Sweepstakes Rules or to claim a prize will result in disqualification of a
prospective winner and the selection of an alternate winner.
7.
General Conditions
This
Sweepstakes is subject to all applicable federal, state and local laws, rules
and regulations. Entrants grant to Sweepstakes Entities the right to use and
publish their proper name, city and state online and in print or any other
media, in connection with the Sweepstakes. Acceptance of a prize constitutes
permission for Sweepstakes Entities to use winners' names and likeness for
advertising and promotional purposes without additional compensation unless
prohibited by law. Sweepstakes Entities reserve the right to disqualify any
individual they find to be tampering with the entry process or the operation of
the game; to be acting in violation of these Official Sweepstakes Rules; or to
be acting in an unsportsmanlike or disruptive manner, or with intent to annoy,
abuse, threaten or harass Sweepstakes Entities or any other person. CAUTION:
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF
THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, 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.
8.
Limitations of Liability
If
for any reason the Sweepstakes is not capable of running as planned, including,
but not limited to, due to tampering, unauthorized intervention, fraud,
technical failures or any other causes beyond the control of Sweepstakes
Entities which corrupts or affects the administration, security, fairness,
integrity or proper conduct of this Sweepstakes, Sweepstakes Entities reserve
the right to disqualify any individual who causes any such problem, and to
cancel, terminate, modify or suspend the Sweepstakes. Sweepstakes Entities
assume no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, or any problem or technical
malfunctions of any telephone network or lines, or any combination thereof,
which may limit an entrant’s ability to participate in this Sweepstakes.
By
entering this Sweepstakes, each entrant agrees that (i) any and all disputes,
claims, and causes of action arising out of or in connection with the
Sweepstakes or any prizes awarded, shall be resolved individually, without
resort to any form of class action; (ii) any and all claims, judgments and
awards shall be limited to actual out-of-pocket costs incurred, including
costs, associated with entering the Sweepstakes, but in no event will
attorneys' fees be awarded or recoverable; and (iii) under no circumstances
will any entrant be permitted to obtain any award for, and entrant hereby
knowingly and expressly waives all rights to, punitive, incidental or
consequential damages and/or any other damages other than actual out-of-pocket
expenses.
Each
winner, by accepting a prize, agrees to release and hold harmless Sweepstakes
Entities from any and all liability, claims or actions of any kind whatsoever,
which may result from the receipt, enjoyment, ownership or use or misuse of
such prize (including, without limitation, claims, costs, injuries, losses and
damages related to personal injuries, death, damage to, loss or destruction of
property, or any claims, costs, injuries, losses, or damages related to or
based on the entrant's rights of publicity or privacy, or the entrant's claim
that he/she has somehow been defamed or portrayed in a false light).
Sweepstakes
Entities do not assume any responsibility for any schedule changes in the
Sweepstakes timeline, including without limitation, scheduling conflicts, labor
strikes, Acts of God, or other unforeseen events that disrupt the Sweepstakes
schedule. Sweepstakes Entities reserve the right to cancel, modify, or suspend
this Sweepstakes.
ALL
ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND
ENFORCEABILITY OF THESE OFFICIAL SWEEPSTAKES RULES OR THE RIGHTS AND
OBLIGATIONS OF ENTRANTS OR SWEEPSTAKES ENTITIES IN CONNECTION WITH THIS
SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF
THE STATE OF COLORADO WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULES OR
PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. THE
INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT
THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY
PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL,
THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN
ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT
CONTAINED HEREIN. EACH PERSON WHO PARTICIPATES IN THIS SWEEPSTAKES AGREES THAT
THE STATE AND FEDERAL COURTS LOCATED IN DENVER, COLORADO SHALL HAVE EXCLUSIVE
JURISDICTION OVER ANY SUIT OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON
THESE OFFICIAL SWEEPSTAKES RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR
SWEEPSTAKES ENTITIES IN CONNECTION WITH THIS SWEEPSTAKES AND EACH HEREBY WAIVES
ANY CLAIM THAT IS NOT SUBJECT PERSONALLY TO THE JURISDICTION OF SAID COURTS OR
THAT ANY SUCH SUIT OR OTHER PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR
IMPROPER VENUE.
9. Winners List
For a list of winners, send a self-addressed, stamped envelope to: Attn: Donny and Marie Winner List, PO Box 5024, Greenwood Village, CO 80155. Requests must be received by April 24, 2009. Allow 2-4 weeks for delivery.
10.
Sponsors
Harrah's
Entertainment,
ACE
Hardware, 2200 Kensington Ct, Oak Brook, IL 60523
11.
SWEEPSTAKES ADMINISTRATOR
Dial Global,
SWEEPSTAKES VOID WHERE PROHIBITED