NO PURCHASE NECESSARY TO ENTER OR WIN AND A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED FOR EACH APPLICABLE ENTRY PERIOD. PRIZE ACCEPTANCE RELEASE MAY BE REQUIRED. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION. ONLINE ENTRY ONLY AND INTERNET ACCESS IS REQUIRED.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES,
WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.
WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES
TO THESWEEPSTAKES ENTITIES FROM YOU AND
A LIMITATION OF YOUR RIGHTS AND REMEDIES.
GAC’s Ultimate Living Country Sweepstakes (the “Sweepstakes”) is only open to legal residents who are physically located in one (1) of the fifty (50) United States, the District of Columbia or Puerto Rico, who are eighteen (18) years of age or older at the time of entry. Employees, officers and directors of Scripps Networks, LLC, d/b/a Great American Country (the “Sponsor”), Golden Corral, Mars Petcare US, Inc., CarMax Business Services, LLC, Ritway, Inc., other participating sponsors, and each of their respective parents, affiliates, subsidiaries, networks (including, without limitation, GAC), advertising and promotion agencies, agents, distributors and other Suppliers (defined below) (collectively, the “Sweepstakes Entities”), and each of such employees, officers and directors immediate family members and/or those living in the same household (whether legally related or not) of each are ineligible to enter the Sweepstakes or win a prize. For the purpose of this Sweepstakes, family members are defined as spouse, partner, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Void where prohibited by law.
By entering this Sweepstakes, each entrant represents and warrants that he or she meets these eligibility requirements and has read, accepts and will comply with these “Official Rules” and each entrant acknowledges that any violation thereof may disqualify entrant from the Sweepstakes.
HOW TO ENTER:
The Sweepstakes begins on or about 9:00 a.m. Eastern Time (“ET”) on August 17th, 2012 and ends at 11:59 p.m. ET on September 14th, 2012 unless otherwise extended in Sponsor’s sole and absolute discretion (the “Sweepstakes Period”). The Sweepstakes Period consists of four (4) separate “Entry Periods,” and a Grand Prize drawing, which are specifically detailed in the chart below. To enter the Sweepstakes, entrants may enter by visiting http://www.gactv.com (the “Website”) and following all on-screen links and instructions: (i) to complete the online entry form in its entirety; (ii) to select a bonus code displayed within the break of that week’s episode of Great American Heroes on the entry form; and (iii) to submit your entry form. Sponsor will post a bonus code inquiry on the entry form that can be answered by watching the previous week’s episode of Great American Heroes and entrant’s bonus code selection on the entry form needs to be correct to obtain an entry for drawings #1 through #4 (as indicated in the chart below); provided, however, entrants do not need to select a bonus code correctly to obtain an entry for the Grand Prize drawing. A new episode airs at 8:00 p.m. ET on Wednesdays throughout the Sweepstakes Period (or such substitute time/day of the week announced by Sponsor); provided, however, that if for any reason an episode is not aired during a week, Sponsor may substitute a different bonus code, at its sole and absolute discretion. Additionally, Sponsor will post a hint on the Website that entrant can review that will allow entrant to obtain the answer to the inquiry on the entry form. All entries must be received by the end time and date (detailed below) of each respective Entry Period to be eligible for the corresponding drawing. There is a limit one (1) entry, per valid email address, per eligible person, per day. For purposes of this Sweepstakes, a “day” begins at 12:00 a.m. ET and ends at 11:59 p.m. ET. Additionally, entries from one Entry Period will carry over to subsequent Entry Periods and all entries submitted during the Sweepstakes Period will be eligible for the Grand Prize drawing.
|Entry Periods||Start Time/Date||End Time/Date||Drawing Date|
|Drawing #1||9:00 a.m. ET on 8/17/12||11:59 p.m. ET on 8/23/12||8/24/12|
|Drawing #2||12:00 a.m. ET on 8/24/12||11:59 p.m. ET on 8/30/12||8/31/12|
|Drawing #3||12:00 a.m. ET on 8/31/12||11:59 p.m. ET on 9/6/12||9/7/12|
|Drawing #4||12:00 a.m. ET on 9/7/12||11:59 p.m. ET on 9/14/12||9/17/12|
|Grand Prize Drawing||9:00 a.m. ET on 8/17/12||11:59 p.m. ET on 9/14/12||9/17/12|
All DATES SET FORTH IN THE CHART ABOVE AND ELSEWHERE IN THESE OFFICIAL RULES ARE SUBJECT TO EXTENSION IN SPONSOR’s SOLE AND ABSOLUTE DISCRETION.
Individuals who enter at any other time during the Sweepstakes Period will be receiving an entry for the corresponding drawing based on the chart above and each and every other subsequent drawing during Sweepstakes Period, including, without limitation, the Grand Prize drawing.
All entries must be received by the end of the applicable Entry Period to be eligible for the drawing for that Entry Period. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. All materials submitted become the property of Sponsor and will not be returned. In the event of a dispute as to the identity of the potential winner based on an e-mail address, the winning entry will be declared made by the registered account holder of the e-mail address submitted at time of entry provided that person is otherwise eligible. “Registered account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Such registered account holder will be required to comply with these Official Rules. If such a dispute cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. For purposes of this Sweepstakes, an on-line entry is “received” when the website’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. The Website’s database clock will be the official time keeper for this Sweepstakes. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.
SELECTION/NOTIFICATION OF WINNERS:
One (1) potential winner will be randomly selected in each drawing, which drawing will be conducted by a representative of Sponsor and will take place on the dates set forth in the chart above. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners. Decisions of the Sponsor as to the administration of the Sweepstakes, interpretation of the Official Rules, and the selection of the winners will be final. If, for any reason, more bona fide winners come forward seeking to claim a prize, the winner may be selected in a random drawing from among all persons making purportedly valid claims for the prize. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
Each potential winner may be notified by an announcement during the next episode of Great American Heroes that follows the drawing date set forth in the chart above. Additionally, Sponsor may contact each potential winner by e-mail (or by use of other information provided in the entry form) (in Sponsor’s sole discretion) approximately three (3) days following the airing of such episode. Each potential winner of the Sweepstakes (and his/her parents or legal guardians if an eligible minor) may (in Sponsor’s sole discretion) be required to execute an affidavit of eligibility/release of liability/prize acceptance agreement with respect to the Sweepstakes Entities (the “Prize Acceptance Release”) and return the Prize Acceptance Release before being eligible to receive his or her prize. If any potential prize winner (or his/her parents or legal guardians if an eligible minor) fails or refuses to sign and return such Prize Acceptance Release within two (2) days of the first (1st) notification attempt or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner (in Sponsor’s sole discretion) may be disqualified and an alternate may (in Sponsor’s sole discretion) be selected. Parents or legal guardians of any prize winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Prize Acceptance Release in order for the prize winner to be qualified to receive their prize. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified in Sponsor’s sole discretion, and an alternate potential prize winner may then, in Sponsor’s sole discretion, be randomly selected. The Prize Acceptance Release is subject to verification by Sponsor. Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent. When a potential winner is contacted, he/she will have a stated period of time within which to respond to the notification, or he/she will be disqualified and his/her prize forfeited, and an alternate potential winner may be randomly selected.
ODDS:Odds of winning a prize will depend upon the total number of eligible entries received for each applicable Entry Period.
One (1) winner will be selected for each Entry Period and each winner will win one (1) prize. The prize awarded for each of drawings #1 through #4 will be $3,000. The prize awarded for the Grand Prize drawing will be $50,000 (the “Grand Prize”). The total value for all prizes in this Sweepstakes is $62,000. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide a winner with their prize, the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide winner an alternate prize of comparable or greater value. Prizing may be fulfilled by a third party. Those who do not follow all of the instructions, provide the required information in their prize notification, or abide by these Official Rules or other instructions of Sponsor, will be disqualified.
Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive. If any winner is a minor, the prize may be awarded in the name of winner’s parent of legal guardian, who will be solely responsible for all applicable federal, state and local taxes. The stated value of each prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number before the prize will be awarded for tax reporting purposes. Unclaimed prizes will be forfeited.
By accepting a prize, to the fullest extent permitted by applicable law, each winner irrevocably grants Sponsor and its licensees, and its and their successors, assigns and sublicensees, the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the winners. Entrants agree not to issue any publicity concerning Sponsor.
TAMPERING WITH SWEEPSTAKES:
The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
WAIVERS, DISCLAIMERS AND RELEASES:
By entering or otherwise participating, entrants (and each minor entrant’s parent/legal guardian) agree to be bound by the Official Rules and the decisions of the Sponsor (including, without limitation, regarding qualification of entrants and prize winners and interpretation of these Official Rules). By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless the Sweepstakes Entities, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”), from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing, entrants agree that Released Parties: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Sweepstakes; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (4) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree that the Released Parties shall have no responsibility or liability for human error; incorrect or inaccurate transcription of prize notification and/or contact information; any technical malfunctions of the network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor or entrant; interruption or inability to access the Website, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) mobile device, computer and/or their contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and 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 a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. Sponsor is not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. By participating in this Sweepstakes, entrants hereby agree to irrevocably release and hold the Released Parties harmless from and against all losses, damages, liabilities, claims, actions, proceedings, or judgments arising out of or relating to entrants’ Entry or participation in this Sweepstakes or in connection with (including any use or misuse) of any prizes awarded hereunder. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. If entrant is an eligible minor, his/her parent or legal guardian must agree to these Official Rules, including, without limitation, this Section.
SUSPENSION / MODIFICATION / TERMINATION:
Sponsor reserves the right, in its sole discretion: (1) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes.
GOVERNING LAW / LIMITATION OF LIABILITY:
VOID WHERE PROHIBITED BY LAW. By participating, entrants agree to be bound by the Official Rules and the decisions of the Sponsor which are final and binding in all respects. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES / ARBITRATION:
The parties agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there’s no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. The parties hereto each also agree as follows: If either of the parties wants to arbitrate a dispute, the parties agree to send written notice to the other providing a description of the dispute and the proposed resolution. Sponsor will send notice to you based on the contact information you have provided us and notice to us must be sent to: Scripps Networks, LLC, Attn: Legal Department, 1180 Avenue of the Americas, New York, NY 10036. The parties agree to make attempts to resolve the dispute. If the parties cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then either party may submit the dispute to formal arbitration. The FAA applies to these Official Rules and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) under its consumer arbitration rules. If any AAA rule conflicts with these Official Rules, these Official Rules apply. You can obtain procedures, rules, and fee information from the AAA at 1-800-778-7879 or www.adr.org. In the event AAA is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", than either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) or any other mutually agreeable arbitration administration service. The arbitration will be conducted by a single neutral arbitrator and will take place in New York, NY. The federal or state law that applies to these Official Rules will also apply during the arbitration. The parties each agree not to pursue arbitration on a class-wide basis. The parties each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in court. The prevailing party in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Either party may bring qualifying claims in small claims court. In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Sweepstakes (or any Website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Sweepstakes (or any Website or any content or other materials used or displayed on the Website used in connection with the Sweepstakes).
IDENTIFICATION OF SPONSOR:
This Sweepstakes is sponsored by Scripps Networks, LLC, d/b/a Great American Country, 9721 Sherrill Boulevard, Knoxville, TN 37932.
LIST OF SWEEPSTAKES WINNERS/OFFICIAL RULES REQUESTS:
To receive a list of winners, send a stamped self-addressed envelope to: GAC’s Ultimate Living Country Sweepstakes -Winners List, Attn: Consumer Marketing, Great American Country, 9721 Sherrill Boulevard, Knoxville, TN 37932 within sixty (60) days of expiration of the Sweepstakes Period. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to GAC’s Ultimate Living Country Sweepstakes - Official Rules, Attn: Consumer Marketing, Great American Country, 9721 Sherrill Boulevard, Knoxville, TN 37932 prior to the end of the Sweepstakes Period. Vermont residents may omit return postage with Official Rules requests.