TVBigBoard.com, an online game and community service is offered by BigBoard Entertainment, Inc. Three documents make up TVBigBoard.com’s Terms of Service (”TOS”): the Membership Agreement, the Privacy Policy, and the Rules of Play. Your use of TVBigBoard.com is subject at all times to our Privacy Policy and our Rules of Play. Your use of TVBigBoard.com constitutes your acceptance of these terms. You may also become a Member of TVBigBoard.com by registering on our site. To be a Member, you must accept all of the terms and conditions of the Membership Agreement. If you have questions about any of these documents, please contact us by sending an email to TOS@tvbigboard.com.
BigBoard Entertainment, Inc. Membership Agreement
The TVBigBoard.com Rewards Program (the “Program”) is open to members of TVBigBoard.com (each, a “Member”) and is subject to the following Rules of Play. You must be at least 13 years of age, and in some cases, 15 or 18, depending on the laws of the particular state, and a legal resident of the United States to become a Member of TVBigBoard.com (TVBB). Employees, officers and directors of BigBoard Entertainment, Inc., its respective parents, affiliates, subsidiaries, advertising, promotional, fulfillment and marketing agencies, their immediate families (parent, child, sibling and spouse) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Program.
By accessing and using the TVBigBoard.com site (the “Site”), or by becoming a Member, you are entering into a legal agreement with TVBigBoard.com to abide by the Rules of Play, the Membership Agreement and the Privacy Policy. If you do not wish to be bound by the Rules of Play, the Membership Agreement and the Privacy Policy, please do not register as a Member and exit the Site now.
TVBigBoard.com may, in its sole discretion and upon notice to you, modify, restrict, change, or otherwise alter the Rules of Play, the Membership Agreement or the Privacy Policy, in whole or in part, impose limits on certain features, promotions or services or restrict your access to part or all of the Site. By continuing to access and use the Site you will be evidencing your consent to, agreement with, and understanding of, such modifications, changes or alterations. When using TVBB, you may participate in sweepstakes, contests, chat rooms, community forums and other activities for personal use, amusement and entertainment. TVBB neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with TVBB.
Disclaimer of Warranties
TVBB will make reasonable efforts to include up to date information in the Site, but makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. TVBB has provided links and pointers to Internet sites maintained by third parties (”Third Party Sites”) and may from time to time provide third party materials on the Site. Neither TVBB, any future subsidiary companies, affiliates, agents or suppliers operate or control in any respect the information, products or services on these Third Party Sites. The content, materials, and products or services available in or accessible through the Site are AS IS and, to the fullest extent permissible pursuant to applicable law, TVBB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. TVBB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Export Control
The Site is controlled and Operated by TVBB from its offices within the State of New York, United States of America. Unless otherwise specified, the materials on the Site are presented solely to promote and provide information about TVBB’s products and services available in the United States. TVBB makes no representation that the materials in the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations or other countries do so on their own initiative and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable. Software available from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported: (A) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U. S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Infringement Policy/Dispute Resolution
TVBB, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including allege acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. TVBB accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), TVBB has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to TVBB in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed. B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials. C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address. E. A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law. F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Registrants agree that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Terms and Conditions or Rules and Regulations (in the event of a sweepstakes, or contest), or the rights and obligations of registrant or participant(s) and Sponsor and Promoter and their agencies, shall be governed by and construed exclusively in accordance with the laws of the State of New York, USA without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the state of New Jersey. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
The Site works optimally with Microsoft Internet Explorer 6.0 & 7.0, as well as Mozilla 5.0, on a Windows platform.
BigBoard Bucks
BigBoard Bucks are the currency of the Program. BigBoard Bucks are in no way transferable, substitutable for, or convertible into United States dollars, nor into the legal tender or currency of any other nation, state, or political entity. BigBoard Bucks cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except those designated by TVBigBoard.com.
BigBoard Bucks cannot be combined between two or more Accounts.
TVBigBoard.com reserves the right in its sole discretion to alter at any given time, and without advance notice, the number of BigBoard Bucks or Bonus BigBoard Bucks allocated to any TVBigBoard.com Game, Reward or activity on the Site, or the entire distribution, or system of distribution, of BigBoard Bucks on the Site.
No BigBoard Bucks earned or granted in any TVBigBoard.com Game may be assigned or transferred to any third party except as expressly permitted by BigBoard Entertainment, Inc., in writing. The sale, barter, assignment or other disposal of any BigBoard Bucks, other than by BigBoard Entertainment, Inc., is expressly prohibited. Accrued BigBoard Bucks do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law. Any BigBoard Bucks assigned, sold, or otherwise transferred without the express written consent of BigBoard Entertainment, Inc., are void. Any Member who violates the foregoing restriction is subject to Account termination, forfeiture of BigBoard Bucks from his or her Account, and/or liability for damages and litigation and transaction costs.
BigBoard Bucks earned are only valid for 12 months after the previous log-in by that user. After the 12 month period of “inactivity” on that particular account, the user’s BigBoard Bucks will expire.
Cheating, Disqualification and Termination
TVBigBoard.com, in its sole discretion, reserves the right to terminate the Account of any Member who is found to be engaging in fraud or misconduct in conjunction with the Site or any TVBigBoard.com Games including, but not limited to, the exchange or publishing of questions and answers to TVBigBoard.com Games on message boards, in newsgroups or in any other public or private forum, or via e-mail or any other form of written or verbal communication. TVBigBoard.com, in its sole discretion, reserves the right to void any BigBoard Bucks earned by, and require the return of any or all Rewards redeemed or Prizes won by, any Member found to be engaging in such fraud or misconduct.
The use of machines, computers, software, scripts, or any other automated system to play a TVBigBoard.com Game is strictly prohibited. Members are similarly restricted from playing a TVBigBoard.com Game more than one type, version or copy of a browsing software application at any one time. Members found engaging in such improper or fraudulent conduct on the Site, tampering with or abusing any aspect of any TVBigBoard.com Game, or falsifying information required during registration or completion of a Redemption Request Form or any requested affidavits, as solely determined by TVBigBoard.com, will have their Accounts terminated.
Members suspected of engaging in any of the above activity will receive a single email message (”Revocation”) advising such Member of TVBigBoard.com’s decision to cancel their Account. A Revocation will result in the Member’s permanent disqualification from the Program and any and all future promotions on the Site, the forfeiture of any BigBoard Bucks held in their Account, and the return of any Rewards redeemed or Prizes won as a result of such improper conduct.
CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BIGBOARD ENTERTAINMENT, INC. RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Reward Fulfillment
“TVBigBoard’s Monthly Sweepstakes”
Official Rules
NO PURCHASE REQUIRED TO ENTER OR WIN. U.S. ONLY. VOID IN PUERTO RICO AND WHERE PROHIBITED.
1. Eligibility: “TVBigBoard’s Monthly Sweepstakes” (the “Sweepstakes”) is open only to residents of the 50 United States (and the District of Columbia) who are at least 13 years of age. To enter on-line, entrant must have a valid e-mail address at the time of entry. Employees of TVBigBoard and their respective related companies, agents, subcontractors and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Subject to all federal, state and local laws and regulations. Void where prohibited.
2. Sponsor: BigBoard Entertainment, Inc., 310 West 73rd Street, Suite 3A, New York, NY 10023, 212-721-6799
3. Agreement to Official Rules: By participating in the Sweepstakes, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and binding.
4. Timing: The Monthly Sweepstakes begins at 12:01 a.m. Eastern Time (”ET”), on the first day of each month (beginning in March, 2007) and ends at 11:59 p.m. ET, on the last day of each month (the “Promotion Period”) during the year 2007. There are ten (10) Promotion Periods in the Sweepstakes.
5. How to Enter: At any time during the Promotion Period, users may enter the Monthly Sweepstakes by redeeming 1,000 “BigBoard Bucks” for each chance to win that month’s prize. These BB Bucks may be redeemed within the “Prizes” section of the website which is accessible through the “Prizes” button on the top navigation bar across every page of the website. You may also have the opportunity to reach the “Prizes” section via promotional placements throughout the site directing you to enter in the monthly sweepstakes.
In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
For all entries: LIMIT: No limit of entries per person during the Promotion Period by any method or combination of methods of entry. All entries must be received as described above in the “How to Enter,” description. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Use of any automated system to submit entries is prohibited and will result in disqualification. All entries, for the purposes of prize awards, will be ineligible once the promotion period for which their entry is valid, concludes. Entrants may then re-enter valid, eligible submissions for promotion prizes in successive valid promotion periods.
E-MAIL CHANGE OF ADDRESS POLICY: Sponsor is not responsible if Entrant’s e-mail address changes over any part of the promotion period. Entrant must submit the new email address as a valid entry.
6. Drawings: One (1) random drawing of one (1) Prize Winner will be conducted from amongst all eligible entries within a week of each promotion period closing.
The drawing will be conducted on Sponsor’s behalf by Pacific Sports Marketing, an independent judging organization whose decisions as to the administration of the Sweepstakes and the selection of potential winners are final. The Sweepstakes’ Prize Winner will be notified immediately via email upon the drawing of his/her prize and of proper collection/redemption procedures. Entrants selected must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Except where prohibited, winners must sign and return to Sponsor, within ten (10) days of being notified, an affidavit of eligibility and liability/publicity release in order to claim his/her prize. The affidavit can take the form of either a post-marked letter, or dated email, to Pacific Sports Marketing. If a potential winner of the Prize cannot successfully confirm within ten (10) days after the first attempt to contact him/her, or if he/she fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, an alternate entrant will be selected in his/her place at random from among all eligible entries received. If the Prize cannot be fulfilled after two (2) alternate drawings, the unawarded Prize will remain unawarded.
7. Prizes: One (1) Prize Winner to receive a gift check, money order or cashier’s check for two hundred and fifty dollars ($250). The Prize will be mailed within 2-4 weeks upon email confirmation of winner’s proper mailing address.
Odds of winning depend on the number of eligible entries received, but approximate 1:100,000. Total value of all prizes is $250. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s use of winner’s name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Release: By entering this Sweepstakes, entrant agrees to release and hold harmless, TVBigBoard, Pacific Sports Marketing each of their related companies, officers, directors, employees, and agents from and against any claim or cause of action arising directly or indirectly, in whole or in part, out of participation in the Sweepstakes or receipt or use of any prize.
11. Limitations of Liability: Sponsor is not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes, including without limitation inaccurate transcription of entry information; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (v) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or accessing or downloading information or materials connected with this Sweepstakes.
12. Dispute Resolution: Entrant agrees that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor and Promoter and their agencies, shall be governed by and construed exclusively in accordance with the laws of the State of New York, USA without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the state of New York. Entrant agrees that any action at law or in equity arising out of or relating to this Sweepstakes, or awarding of the prizes, shall be filed only in the state or federal courts located in the County of New York in the State of New York and Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Sweepstakes, Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
13. Entrant’s Personal Information: Information collected from entrants is subject to the TVBigBoard Privacy Policy (http://www.tvbigboard.com/privacy-policy/).
14. Winner’s List: Sweepstakes results and a copy of these Official Rules may be obtained by sending a self-addressed, stamped envelope to “TVBigBoard’s Monthly Sweepstakes.” Attention: Rules & Winner’s List, c/o Pacific Sports Marketing, PO Box 471928, San Francisco, CA 94147-1928, U.S.A. Requests for a specific sweepstakes must be received on or before the end of the month succeeding the promotion period in question. Vermont residents may omit return postage. For removal from any mailing lists, please contact: comments@tvbigboard.com.
Redemption of a Reward constitutes permission for TVBigBoard.com and its affiliates to use Member’s name and likeness solely for advertising and promotional purposes as TVBigBoard.com so determines without notice or further compensation, except where prohibited by law.
“Idol Finale Sweepstakes”
Official Rules
NO PURCHASE REQUIRED TO ENTER OR WIN. U.S. ONLY. VOID IN PUERTO RICO AND WHERE PROHIBITED.
1. Eligibility: “Idol Finale Sweepstakes” (the “Sweepstakes”) is open only to residents of the 50 United States (and the District of Columbia) who are at least 13 years of age. To enter on-line, entrant must have a valid e-mail address at the time of entry. Employees of TVBigBoard and their respective related companies, agents, subcontractors and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. Subject to all federal, state and local laws and regulations. Void where prohibited.
2. Sponsor: BigBoard Entertainment, Inc., 310 West 73rd Street, Suite 3A, New York, NY 10023, 212-721-6799
3. Agreement to Official Rules: By participating in the Sweepstakes, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and binding.
4. Timing: The Sweepstakes begins at 12:01 a.m. Eastern Time (”ET”), on May 8, 2007 and ends at 7:59 p.m. ET, on May 23, 2007, or the final day of the competition.
5. How to Enter: At any time during the Promotion Period, users may enter the Sweepstakes by correctly answering a specific question (who will be the Idol winner) via links, prompts and calls-to-action on the tvbigboard.com website.
You can also enter the Sweepstakes via the U.S. Mail from any of the 50 eligible states, or the District of Columbia, by sending a 3×5 card (or something similar) with the correct answer to the sweepstakes question, with your name address, city, state, zip code, phone number (with area code) and a valid email address (if applicable) to: “Idol Finale Sweepstakes” c/o Pacific Sports Marketing P.O. Box 471928 San Francisco, CA 94147-1928. All mailed entries for the Sweepstakes must be postmarked by May 23, 2007 and received by May 30, 2007. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due entries, which will be disqualified.
In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
For all entries: LIMIT: One entry per person during the Promotion Period by any method or combination of methods of entry. All entries must be received as described above in the “How to Enter,” description. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Use of any automated system to submit entries is prohibited and will result in disqualification. All entries, for the purposes of prize awards, will be ineligible once the promotion period for which their entry is valid, concludes. Entrants may then re-enter valid, eligible submissions for promotion prizes in successive valid promotion periods.
E-MAIL CHANGE OF ADDRESS POLICY: Sponsor is not responsible if Entrant’s e-mail address changes over any part of the promotion period. Entrant must submit the new email address as a valid entry.
6. Drawings: One (1) random drawing of one (1) Prize Winner will be conducted from amongst all eligible entries within a week of each promotion period closing.
The drawing will be conducted on or about May 31, 2007 on the Sponsor’s behalf by Pacific Sports Marketing, an independent judging organization whose decisions as to the administration of the Sweepstakes and the selection of potential winners are final. The Sweepstakes’ Prize Winner will be notified immediately via email upon the drawing of his/her prize and of proper collection/redemption procedures. Entrants selected must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Except where prohibited, winners must sign and return to Sponsor, within ten (10) days of being notified, an affidavit of eligibility and liability/publicity release in order to claim his/her prize. The affidavit can take the form of either a post-marked letter, or dated email, to Pacific Sports Marketing. If a potential winner of the Prize cannot successfully confirm within ten (10) days after the first attempt to contact him/her, or if he/she fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, an alternate entrant will be selected in his/her place at random from among all eligible entries received. If the Prize cannot be fulfilled after two (2) alternate drawings, the unawarded Prize will remain unawarded.
7. Prizes: One (1) Prize Winner to receive a gift check, money order or cashier’s check for two hundred and fifty dollars ($250). The Prize will be mailed within 2-4 weeks upon email confirmation of winner’s proper mailing address.
Odds of winning depend on the number of eligible entries received, but approximate 1:100,000. Total value of all prizes is $250. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s use of winner’s name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Release: By entering this Sweepstakes, entrant agrees to release and hold harmless, TVBigBoard, Pacific Sports Marketing each of their related companies, officers, directors, employees, and agents from and against any claim or cause of action arising directly or indirectly, in whole or in part, out of participation in the Sweepstakes or receipt or use of any prize.
11. Limitations of Liability: Sponsor is not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes, including without limitation inaccurate transcription of entry information; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (v) any injury or damage to persons or property, including but not limited to entrant’s computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or accessing or downloading information or materials connected with this Sweepstakes.
12. Dispute Resolution: Entrant agrees that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor and Promoter and their agencies, shall be governed by and construed exclusively in accordance with the laws of the State of New York, USA without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the state of New York. Entrant agrees that any action at law or in equity arising out of or relating to this Sweepstakes, or awarding of the prizes, shall be filed only in the state or federal courts located in the County of New York in the State of New York and Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Sweepstakes, Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or awarding of the prizes, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
13. Entrant’s Personal Information: Information collected from entrants is subject to the TVBigBoard Privacy Policy (http://www.tvbigboard.com/privacy-policy/).
14. Winner’s List: Sweepstakes results and a copy of these Official Rules may be obtained by sending a self-addressed, stamped envelope to “Idol Finale Sweepstakes.” Attention: Rules & Winner’s List, c/o Pacific Sports Marketing, PO Box 471928, San Francisco, CA 94147-1928, U.S.A. Requests must be received by July 15, 2007. Vermont residents may omit return postage. For removal from any mailing lists, please contact: comments@tvbigboard.com.
Managing Your Account
To view your Account, go to http://www.tvbigboard.com and sign in using your username and password. The current number of BigBoard Bucks available in your Account will be listed next to “Account Balance”. To view your Account history, click on the “My TVBB” button. To edit your Account profile, click on the “Edit Profile” button at the bottom of the page. It is your responsibility to regularly check your Account to ensure that BigBoard Bucks transfers have been properly credited and that your account balance is accurate.
BIGBOARD ENTERTAINMENT, INC. IS UNDER NO OBLIGATION TO CREDIT AN ACCOUNT WITH BIGBOARD BUCKS THAT MAY HAVE BEEN LOST OR FORFEITED DUE TO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, SOFTWARE MALFUNCTIONS, RE-REGISTRATION, BREACH OF SECURITY, FRAUD OR INADVERTENT ENTRY INTO A BIGBOARD ENTERTAINMENT, INC. SWEEPSTAKES. BIGBOARD ENTERTAINMENT, INC.’S DECISIONS ON ALL MATTERS RELATING TO YOUR ACCOUNT SHALL BE FINAL AND BINDING IN ALL RESPECTS.
Disclaimer IN THE EVENT ANY BIGBOARD ENTERTAINMENT, INC. GAME IS COMPROMISED BY VIRUS, BUGS, NON-AUTHORIZED HUMAN INTERVENTION OR OTHER CAUSES BEYOND THE CONTROL OF BIGBOARD ENTERTAINMENT, INC. WHICH, IN THE SOLE OPINION OF BIGBOARD ENTERTAINMENT, INC., CORRUPT, OR IMPAIR THE ADMINISTRATION, SECURITY, FAIRNESS OR PROPER PLAY OF SUCH BIGBOARD ENTERTAINMENT, INC. GAME, BIGBOARD ENTERTAINMENT, INC. RESERVES THE RIGHT AT ITS SOLE DISCRETION TO SUSPEND OR TERMINATE SUCH BIGBOARD ENTERTAINMENT, INC. GAME.
BIGBOARD ENTERTAINMENT, INC. IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OR DESCRIPTION OF ANY BIGBOARD ENTERTAINMENT, INC. GAME, ADMINISTRATION OF THE PROGRAM OR THE AVAILABILITY OR REDEMPTION OF REWARDS.
Tax Information: All federal, state, local, and other taxes on a Reward are the sole responsibility of the Member who redeems that Reward.
E-MAIL CHANGE OF ADDRESS POLICY: TVBB is not responsible if Registrant/Member’s e-mail address changes. In the event of a change in email address, Registrant/Member is responsible for updating his/her account information to reflect the correct, new email address. If the old email address is not updated, Registrant/Member may, in TVBB’s sole discretion, forfeit all accrued TVBB BigBoard bucks and other benefits ascribed to old email address.
Indemnification You agree to indemnify, defend and hold TVBB and its affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of these Terms and Conditions. TVBB reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with TVBB’s defense of such claim.
Registration Should TVBB choose to provide member-based services (”Services”) on the Site, when you register to use these Services, you may be required to provide certain personally identifiable information about yourself. You agree to provide true, accurate and complete information about yourself, and to update the information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if TVBB suspects that your information is untrue, inaccurate, or incomplete, then TVBB may, in its sole discretion, suspend, terminate, or refuse future access to your membership in these Services. Any personally identifiable information provided at points of registration on the Site will be subject to the TVBB’s Site Privacy Policy which can be read here: http://www.tvbigboard.com/privacy-policy/.
Governance This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely with such state. Any action you, any third party or TVBB bring to enforce this agreement or, in connection with, any matters related to this Site shall be brought only in either the state or Federal Courts located in New York County, New York and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Release: By entering into TVBB’s site, entrant agrees to release and hold harmless, TVBB and its related companies, agents and each of their respective officers, directors, employees, and agents from and against any claim or cause of action arising directly or indirectly, in whole or in part, out of participation in the site or receipt or use of any prize.