AccuWeather – The SummerCast – Win a grand prize of a $1,000 Visa Gift Card or 1 of 30 Instant Win Prizes
SummerCast Sweepstakes and Instant Win Game Official Rules
No purchase necessary to enter or win. The SummerCast Sweepstakes and Instant Win Game is open only to legal residents of the 50 United States, Washington, D.C. and Canada (excluding Quebec), who are 18 or older as of date of entry. Void in Quebec and where prohibited by law.
1. Promotion Period: The SummerCast Sweepstakes and Instant Win Game (the “Promotion”) begins at 12:00 a.m. Eastern Time (“ET”) on June 1, 2017 and ends at 11:59 p.m. ET on June 30, 2017 (the “Promotion Period”).
2. Eligibility: Open to legal residents of the fifty (50) United States, Washington D.C. and Canada (excluding Quebec), who are at least 18 years of age as of date of entry. Employees of AccuWeather (the Sponsor”), Votigo, Inc. (“Administrator”) and their respective parent, affiliated companies, agents, and the immediate family (defined as parents, spouse, children, siblings, grandparents) of each of such employees, and all those with whom such employees are domiciled, are NOT eligible. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.
3. Sponsor/Administrator: The Promotion is sponsored by AccuWeather, Inc., 385 Science Park Road, State College, PA, 16803. The Promotion is administered by Votigo, Inc., 251 Lafayette Circle, Suite 330, Lafayette, CA 94549.
4. How To Play/Enter: During the Promotion Period, visit www.facebook.com/accuweather (“Website”) and access the Promotion Application (“Application”). If you do not have a Facebook account, you may sign up for a free Facebook account at www.facebook.com. Follow the instructions to complete the online entry form to play for a chance to win a prize instantly (the “Game Play”) and in addition receive one (1) entry into the Grand Prize Sweepstakes Drawing (the “Sweepstakes Entry”). If you are an instant winner (subject to verification) for that day (as defined below), you will be notified on-screen that you won and you will be contacted later via the email address you provided during registration to coordinate prize fulfillment. Limit of one (1) Game Play and Sweepstakes Entry per person, per day. For the purposes of this Promotion, a day is a 24-hour period that starts at 12:00 a.m. ET and ends at 11:59 p.m. ET. All participants must comply with these Official Rules and any registration instructions in order to be eligible. More than one (1) Game Play/Sweepstakes Entry from any person per day will void all Game Plays/Sweepstakes Entries for that person that day. Use of computer programs and other automatic means to participate is prohibited. Game Plays generated by script or bot are not eligible
Incomplete, corrupted, or untimely Game Plays/Sweepstakes Entries are void and will be disqualified. Sponsor and its agencies are not responsible for late, incomplete or misdirected Game Plays/Sweepstakes Entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Consequently, Sponsor and its agencies are not liable in the event your Game Plays/Sweepstakes Entry is not captured due to the aforementioned reasons. Proof of submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter/play will be deemed to be the entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
Bonus Entries: There are two ways to earn Bonus Entries into the Grand Prize Sweepstakes Drawing.
1. Upon completion of your Sweepstakes Entry, entrants may invite friends to the Application to complete a registration form and receive one additional Sweepstakes Entry for each friend invited that subsequently registers for the Sweepstakes (“Bonus Entries”). Limit up to ten (10) bonus entries per entrant. Sweepstakes Entries and bonus entries together shall herein be referred to as entries (“Entries”). For Canadian Residents: If you are inviting any Canadian residents to the Application, you may only invite if you have a family or personal relationship with them. By inviting, you are confirming that you have such a family or personal relationship (or you are confirming that you are not inviting any Canadian residents). A “family relationship” means that you are related to the other individual through a marriage, a common law partnership, or any legal parent-child relationship and have engaged in direct, voluntary, two-way communication with that individual. A “personal relationship” means that you engage or have engaged in direct, voluntary, two-way communications with the other individual and it would be reasonable to conclude you have a personal relationship, taking into consideration any relevant factors such as the sharing of interests, experiences, opinions and information evidenced in the communications, the frequency of communication, the length of time since you have communicated or whether you have met in person. If you do not have such family or personal relationship with each Canadian resident, you may be found in violation of Canadian law and subject to fines and penalties.
2.Share how AccuWeather has helped you get more from life with a story, photo or video (“Share Entry”). When submitting a Game Play entry you will be have the option to submit a Share Entry. Each valid Share Entry will earn you one (1) Bonus Entry. Limit of one Share Entry per-user, per-day.
For Share Entries you grant Sponsor and its agents an unlimited, worldwide, perpetual, royalty-free license and right to publish, use, modify, publicly perform the entry in any way, in whole or in part, in any and all media, without limitation and without consideration to the entrant.
Share Entries cannot contain, depict or promote any of the following:
obscene, nude or explicit sexual activity;
illegal drug or alcohol use;
unauthorized copyrighted or trademarked properties (including brand names and logos);
material that is hateful, tortuous, defamatory, disparaging, slanderous, libelous, or otherwise unlawful;
material that violates or infringes another’s rights (including but not limited to, rights of privacy or publicity or any intellectual property rights);
material that promotes bigotry, racism, hatred or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age;
programming code or instruction(s) constructed with the ability to damage, interfere with, or otherwise adversely affect computer programs, data files, or hardware; or
any other content that could be considered inappropriate or offensive (including but not limited to, text, images, graphics, photographs, captions and descriptions).
No information regarding Entries, other than as otherwise set forth in these Official Rules will be disclosed. Entries must be received by 11:59 p.m. ET on June 30, 2017 to be eligible for the Grand Prize drawing. Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different email addresses, Facebook account ID’s, identities, registrations and logins, or any other methods will void such Entries and that entrant may be disqualified. Use of any automated or computer system to participate is prohibited and will result in disqualification.
Normal Internet access and usage charges imposed by your online service may apply. If entering via mobile device, normal phone and usage charges imposed by your phone service may apply. Standard data rates may apply if entering via mobile device.
5. Notification of Winners: The potential Grand Prize winner/Instant winner will be notified by email. The Grand Prize winner (and any Instant winners who are Canadian residents) will be sent (via email), an Affidavit of Eligibility, Liability & Publicity Release (where legal) (“Affidavit”) or a Declaration of Compliance (“Declaration”) for Canadian winners and will be required to complete, sign and return (or have their parent/legal guardian sign, if potential winner is a minor in his or her state/province of residence) Affidavit or Declaration, as applicable, via email within seven (7) days of being notified in order to claim his/her prize.. In order to be eligible to win any prize, potential winners who are Canadian residents must correctly answer, unaided, a time-limited mathematical skill-testing question as posed by Sponsor.
If a potential winner fails to return the required document(s) within the required time period, or the prize/prize notification is returned undeliverable, or in the event that the potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible Entries received throughout the Promotion Period for the Grand Prize.
Potential winners are subject to verification by Sponsor and/or Administrator, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. An entrant is not a winner of a prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete.
6. Instant Win Prizes Approximate Retail Values (the “ARV”) and Approximate Odds of Winning:
Instant win prizes will be awarded as follows (one prize awarded per day):
Instant Win Prize Number of Prizes Odds ARV (USD) of each prize:
$25USD Visa Gift Card 10 1:500 $25.00
$50USD Visa Gift Card 10 1:500 $50.00
$100USD Visa Gift Card 10 1:1,00 $100.00
Limit one prize per person/household per day. The total ARV of all instant win prizes is $1,750. Prizes are awarded “as is” with no warranty (except as specifically included) or guarantee, either express or implied by Sponsor. Prizes are not transferable. The ARVs of the prizes listed are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the prize is awarded or redeemed. If the actual purchase price of the prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference. No substitution or transfer of prize permitted except at the sole discretion of the Sponsor who reserves the right to substitute prize of equal or greater value in the event the prize is unavailable. All federal, state and local taxes are the sole responsibility of winner, if applicable. All other expenses and costs not expressly listed above are the winner’s sole responsibility.
7. Sweepstakes Random Drawing: On or about July 7, 2017, one (1) potential Sweepstakes Grand Prize Winner will be selected in a random drawing from among all eligible Entries received throughout the Promotion Period. The random drawing will be conducted by the Administrator; an independent judging organization whose decisions are final on all matters relating to the drawing. The odds of winning the Sweepstakes Grand Prize are based on the number of eligible Entries received throughout the Promotion Period.
8. Sweepstakes Prize: Grand Prize: One (1) Grand Prize will be awarded.
The Grand Prize consists of a $1,000USD Visa Gift Card (ARV: $1,000USD)
Grand Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make an equivalent prize substitution at its sole discretion if any advertised prizes become unavailable.
Any and all applicable federal, state, local, provincial and municipal taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the sole responsibility of the individual prize winner. In the event the Grand Prize winner is a resident of one (1) of the fifty (50) United States or Washington D.C., he/she will be issued a 1099 tax form for the actual retail value of prize.
9. Instant Win Verification: All potential instant winners are subject to verification by Sponsor or Administrator, and verification of potential winners is final and binding in all matters related to the Promotion. A participant is not a winner of a prize, even if the Game Play should so indicate, unless and until participant’s eligibility, and the potential instant winner status, have been verified and participant has been notified that verification is complete. Sponsor and Administrator will not accept any instant win screen shots or other evidence of winning in lieu of its validation process. Any Game Play that occurs after the system has failed for any reason, or the Promotion Period has ended, in Sponsor’s and Administrator’s sole discretion, is deemed a defective Game Play and is void and will not be honored. If, due to an error of any kind, more winning names are determined as instant winners or more instant win prizes are claimed than are intended to be awarded according to Section #6 above, the intended instant win prizes will be awarded in a random drawing from among all verified instant win prize claims received. In no event will the Sponsor be obligated to award more than the stated number of prizes. Use of automated Game Play devices or programs is prohibited. The Sponsor and its agencies assume no responsibility for any injury or damage to participants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Promotion.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion and in the event of cancellation, Grand Prize will be awarded in a random drawing from among all eligible Entries received and all instant win prizes claimed prior to cancellation will be awarded . Sponsor and their agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor or Administrator. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Warning: Any attempt by an entrant or any other individual to deliberately damage any web site associated with this Promotion or undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to prosecute and seek damages from any such person to the fullest extent permitted by law. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the Game Play/Entry process, the Website, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect Game Plays/Entries and (a) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) award the Grand Prize at random from among the eligible, non-suspect Entries received up to the time of the impairment and award Prize Period prizes from among the eligible, non-suspect Entries received for each Prize Period up to the time of the impairment.
11. Release and Limitations of Liability: By participating in this Promotion, entrants agree that Sponsor and each of their affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotions; (4) technical or human error which may occur in the administration of the Promotion or the processing of Game Plays/Entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of a prize.
By participating in this Promotion, entrants agree that the Released Parties will have no liability whatsoever for, and shall be held harmless by entrants against, any liability for any injuries, losses or damages of any kind to persons, including, without limitation, personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, Game Play, Entry, or participation in this Promotion or in any promotion related activity, use of https://www.facebook.com/accuweather or the downloading from and/or printing material downloaded from said or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. The Released Parties are not responsible if Promotion cannot take place or if the prizes cannot be awarded due to delays or interruptions, acts of God, acts of war, natural disasters, weather or acts of terrorism
Without limiting the foregoing, everything regarding this Promotion, including, without limitation, the above Website and the prize, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
12. Publicity: Except where prohibited by law, winner grants to Sponsor and those acting pursuant to its authority, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner’s name, portrait, picture, voice, likeness, Game Play, Entry and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification. Entrants agree that Sponsor shall own Game Plays/Entries, which will not be acknowledged or returned, and that Sponsor and its designees shall have the perpetual, worldwide right to edit, publish, and use the Game Plays/Entries in any way and in any media for trade, advertising, promotional, and/or other purposes as Sponsor and/or its designees may determine without further consideration to entrants or any third party.
13. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion (excluding any and all disputes, claims and causes of action arising out of or connected with the prizes awarded in the Promotion or the use or misuse thereof) shall be resolved individually, without resort to any form of class action, and exclusively by the United States Court for Pennsylvania or the appropriate State Court located in Pennsylvania; (2) any and all disputes, claims and causes of action arising out of or connected with the prizes awarded in the Promotion or the use or misuse thereof shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate courts located in Centre County, Pennsylvania; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of Pennsylvania, without giving effect to any choice of law or conflict of law rules (whether of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Pennsylvania.
15. Winners List: For the names of the Grand Prize winner and any instant winners of prizes valued at over $25USD, available after July 30, 2017 for a period of at least 30 days, email@example.com with an email subject of “AccuWeather SummerCast”.