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ANDREA BOCELLI SWEEPSTAKES
SPONSOR: This Sweepstakes is sponsored by QVC, 1200 Wilson Drive, West Chester, PA 19380 (“Sponsor”).
ELIGIBILITY: No purchase necessary. Must be 18 years or older to enter. Void where prohibited. Sweepstakes is open to legal residents of the United States and the District of Columbia, excluding Rhode Island, who are 18 years or older at the time of Submission and have submitted a valid Submission prior to the end of the Sweepstakes. Any person who submits any information to Sponsor or any other party in connection with the Sweepstakes is a “Participant”. Any references to “you” or forms of “you” shall mean the Participant.
Employees, officers and directors of QVC or its affiliates, and their immediate family members and/or those living in the same household of each, their agents, affiliates, subsidiaries, advertising and promotion agencies, and those involved in the production, development, implementation or handling of the Sweepstakes are ineligible to enter the Sweepstakes or win a Prize.
Without limiting any other provision of these Sweepstakes Rules, any winner may be required to sign and return a Release as a condition to receipt of a prize under this Sweepstakes.
SWEEPSTAKES PERIOD: The Sweepstakes begins on January 17, 2013 and ends at 11:59 pm (ET) on January 23, 2013 (the "Sweepstakes Period").
HOW TO ENTER: There are two (2) ways to enter the Sweepstakes, online via www.qvc.com or by mail.
To enter online, you must have access to the QVC Community. To gain access to the QVC Community, you must open a QVC account. No purchase is necessary to open an account. Creating a QVC account requires providing a title (i.e., Mr., Mrs.), first name, last name, email address, physical address, and phone number. You then submit your “Story” within the comments section of the Blog on www.qvc.com. Follow the submissions guidelines listed in these Sweepstakes Rules and submit your Submission ("Submission"). A Submission includes any story, text or any other information or data in any form that a Participant submits in any manner, directly or indirectly, to Sponsor in connection with the Sweepstakes. Sweepstakes is limited to one (1) Submission per Participant. Duplicate Submissions will be removed. In the event Participants exceed the stated limit, only the earliest Submission will be reviewed. No e-mail or fax Submissions will be accepted.
To enter the Sweepstakes by mail, send your name, address, and daytime telephone number and Submission Story on a standard 4 inch by 6 inch postcard addressed to The Andrea Bocelli Sweepstakes, 1200 Wilson Drive MC – 202, West Chester, PA 19380. (“Mail Entry”).
Online Entries must be submitted by 11:59 AM ET on January 23, 2013. All Mail Entries must be received by January 23, 2013.
Limit of one (1) entry per person during the entry period either by mail or online. Any person who attempts to participate with entries in excess of these entry limitations will be disqualified. Any other attempted form of Sweepstakes entry is void. Any person who attempts to participate under multiple identities or uses any device or artifice to enter in excess of this entry limitation will be disqualified; use of programmed, automated or like means of entry is prohibited. All duplicate entries will be discarded. All Mail Entries are the non-returnable property of Sponsors.
Sponsors are not responsible for lost, misdirected or late entries caused by hardware or software errors or other technological malfunctions or failure of any kind or invalid/non-operational device, or lost, late, mutilated, misdirected or postage-due mail. Sponsors are not responsible for the failure of the delivery carrier responsible for delivery of any entry.
DRAWING: Each eligible submission will be entered once in a random prize drawing to be held on or about January 24, 2013. QVC, Inc. retains the right to delay the prize drawing. Winner will be chosen at random from the pool of eligible entries received. Odds of winning are determined by the number of eligible entries received. Winning entry is subject to validation.
PRIZE: One (1) Grand Prize Winner will be randomly selected to receive an autographed copy of Andrea Bocelli’s CD PASSIONE and be serenaded by Andrea Bocelli with a song of his choice on air during the live QVC broadcast. Total Approximate Retail Value: $19.98. Prizing is limited to one prize per person per household. Prize is limited to what is listed in these official rules. Prize winner (“Winner”) is not entitled to any surplus between actual value of prize and stated retail value. In the event Sponsor is unable to award prize as stated, Winner will receive a substitute prize of equal or greater value, at Sponsor’s discretion. Any costs or fees not specifically listed herein are the responsibility of the Winner.
Total Estimated Value of prize does not represent its resale value. Prize not redeemable for cash value. Prize Value is an estimate only. Being serenaded to by Andrea Bocelli on air has no cash value and is at Sponsor’s sole discretion in all respects, including placement, attribution, duration and context.
If a potential Winner is unable or unwilling to accept the prize for any reason, he/she will be disqualified and the entire prize forfeited; and, in such event, an alternate Winner shall be selected from among all remaining eligible Submissions received. Prizes cannot be substituted or transferred by Winner. If a Prize must be forfeited, Winner will not be given the cash value of the prize or any component of the prize. Winner is solely responsible for all expenses not expressly included. All taxes are the responsibility of the Winner. Winner may be required to sign an IRS Form 1099, Form W-9, or the equivalent for all prizes valued at $600 or greater, or for any prize as to which Sponsor, in its sole discretion, believes it is warranted. PRIZES PROVIDED BY QVC.
SUBMISSION GUIDELINES: Within the comments section of the blog or on a postcard, tell us who you would dedicate an Andrea Bocelli song to and why. The Winner will be selected randomly from all eligible Submissions.
ONCE TRANSMITTED ALL SUBMISSIONS BECOME PART OF THE SWEEPSTAKES AND MAY NOT BE REMOVED BY THE Participant, EVEN IF Participant CEASES OR WITHDRAWS FROM SWEEPSTAKES CONSIDERATION. Any Submission may be posted on Sponsor’s website and/or any other website specified by Sponsor and may be available to be viewed by anyone with access to the Internet. All Submissions may remain on any website specified by Sponsor in perpetuity or for as long as Sponsor deems appropriate to archive.
REPRESENTATIONS AND WARRANTIES. By entering the Sweepstakes and making any Submission, a Participant hereby represents and warrants to Sponsor and its affiliated entities that (a) the Participant has obtained all permissions necessary to post publicly the Submission and any portion thereof; (b) the Submission is an original work of authorship, created by Participant, has not been previously published or won any award, and there are no conflicting rights in the Submission, including but not limited to copyright, rights of publicity or privacy, or other intellectual property rights; (c) the Submission will not infringe upon the intellectual property rights of any third party, including by way of example and not by limitation, any copyright, trademark or patent rights or rights of publicity or privacy belonging to any third party; (d) the Participant is a legal resident of the United States or the District of Columbia, excluding Rhode Island, and is at the time of Submission, at least 18 years of age; (e) the Participant has the right to agree to, and fully perform the Participant’s obligations under these Sweepstakes Rules; and (f) the Participant has the consent of any third parties as required to grant the rights and licenses granted by Participant hereunder, including without limitation all licenses, rights, assignments of rights, waivers of non-transferable rights, consents and permissions to any portion of the Submission or performance contained in such Submission, and to all underlying elements or other works incorporated into the Submission (including without limitation any dialog/monologue, music, lyrics, voices, statements, photos and likeness releases for any person who appears in or is identifiable in the Submission).
Participant hereby agrees to defend, indemnify and hold harmless Sponsor, and its respective parents, successors, assigns and licensees, harmless from and against any losses or expenses incurred by Sponsor relating to any right or license granted, or any breach of any representation, warranty or covenant made, by Participant under these Sweepstakes Rules.
PUBLICITY RELEASE. Subject to applicable law, Participant irrevocably grants Sponsor the right to use the Submission and the Participant’s name, voice, likeness and/or biographical material, and has obtained identical rights of any third parties depicted in the Submission for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media (now and hereafter known), worldwide in perpetuity, without any obligation or consideration of Sponsor, or its affiliated entities.
Participant must have express written consent of any individual featured in the Submission. Please do not submit duplicate Submissions. Any Submissions that violate the Sweepstakes Rules will be removed. Any Submission using the likeness of others or uses or displays copyrighted material without permission will be removed.
Submissions may not portray the Sponsor in a negative light. Submissions may not contain offensive, defamatory, inappropriate, or obscene material, in the sole discretion of Sponsor. In the event the Submission contains photographic images or likenesses of individuals, those individuals must have provided the Participant with adequate written permission to use the image, and must not be under contract or have any guild or association affiliations that would limit the right of Sponsors to use the Submission for any purpose for which a license or right is granted to Sponsors under these Sweepstakes Rules.
Sponsor is not responsible for legal protection or clearance of Submissions in any form. Sponsor reserves the right to request evidence of permission or original work and further reserves the right to disqualify any Submission it deems infringing or inappropriate in any form, according to these Sweepstakes Rules. Except where expressly prohibited by law, once transmitted all submissions become part of the Sweepstakes and may not be removed by the Participant, even if Participant ceases membership or withdraws from Sweepstakes consideration.
Sponsor grants a limited license to use its proprietary text, logos, and trademarks provided and necessary to create a Submission. Except as set forth in the preceding sentence, no rights in the Sponsor Content are granted to Contestant for any other purpose. “Sponsor Content” means Sponsor’s name, proprietary text, logos, trademarks, trade names, service names and any other intellectual property of Sponsor.
WINNER NOTIFICATION: The potential Winner will be notified on or about January 25, 2013. The potential Winner will be required to respond (as directed) to the phone and/or e-mail notification within the time period specified in the notification (“Notification”). The failure to respond timely to the notification may result in forfeiture of the prizes; and, in such case, Sponsor may choose an alternate Winner from the remaining eligible submissions. The potential Winner also will be sent an affidavit of eligibility / liability / publicity release ("Release"); and together with the Notification and any other release or document required to be executed by Sponsor, the (“Prize Acceptance Documents”). Unless restricted by law, the potential Winner will be required to complete and return the Release within the time period specified therein. As a condition of receiving a prize, potential Winner shall, in the form specified by Sponsor, provide a perpetual non-exclusive license to Sponsor to use the Submission in any and all media throughout the world, in perpetuity, for any purpose whatsoever, without any additional compensation, the term of which shall be the entire life of the copyright. Should potential Winner be unwilling or otherwise unable to enter into the license, or provide such permissions and/or releases or otherwise cannot accept or receive the prize for any reason, an alternate Winner will be selected by Sponsor from the remaining eligible Submissions until one who is able to meet all requirements can be selected. Potential winner must provide Sponsor with all signatures on the Release and return all documents in a timely manner as required pursuant to these Sweepstakes Rules in order to be eligible to receive any prize.
USE OF SUBMISSIONS: LICENSE. Participant, by entering the Sweepstakes or making any Submission to or for the benefit of Sponsor, hereby irrevocably grants to Sponsor a non-exclusive, sub-licensable, royalty-free, fully paid license and right to use, distribute, make derivative works from and otherwise exploit the Submission, in any manner and in any medium now known or hereafter devised, throughout the world in perpetuity, including without limitation the right to use the Submission in whole or in part in merchandising, advertising, marketing or promotion or for any other commercial or non-commercial purpose related to the Sweepstakes or not related to the Sweepstakes. Participant hereby forever waives and relinquishes all so-called "moral rights (droit moral)" now or hereafter recognized. Participant agrees that Sponsor shall have sole discretion in determining the extent and manner of use of Submission and is not obligated to use any Submission.
TERMS AND CONDITIONS: Sponsor shall not be liable to Participants for, and each Participant releases Sponsor from, any failure to supply any prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Sponsor’s control. Sponsor is not responsible for, and each Participant hereby releases Sponsor from any claim with respect to, any: (a) lost, late, misdirected, undeliverable, incomplete or indecipherable Submissions due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or Submissions; (b) technical failures of any kinds; (c) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (d) unauthorized human and/or mechanical intervention in any part of the submission process or the Sweepstakes; (e) technical or human error which may occur in the administration of the Sweepstakes or the processing of Submissions; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any Participant’s participation in the Sweepstakes or receipt or use of any prize.
Sponsor reserves the right to disqualify any Participant it finds to be violating these Sweepstakes Rules. Sponsor reserves the right to require any Winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any Submission will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sweepstakes as determined by Sponsor in its sole discretion. Sponsor reserves the right to cancel or suspend the Sweepstakes for any reason. Sponsor has the right, but not the obligation, to use any Submission. Sponsor may, in its sole discretion, cancel, modify or suspend the Sweepstakes should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper play of the Sweepstakes. Sponsor may prohibit a Participant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines such Participant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, plagiarizing, engaging in any deception, or any other unfair playing practices of intending to annoy, abuse, threaten, undermine or harass any other players or Sponsor representatives. The internal laws of the Commonwealth of Pennsylvania will govern the Sweepstakes, these Sweepstakes Rules, and any disputes regarding these Sweepstakes Rules and/or this Sweepstakes. Any attempt to deliberately damage or undermine the legitimate operation or fair play of the Sweepstakes may be in violation of criminal and civil laws and will result in disqualification of the Participant from participation in the Sweepstakes. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.
GOVERNING LAW / LIMITATION OF LIABILITY:
BY ENTERING THE SWEEPSTAKES, Participant AGREES THAT: (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 TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY Participant BE PERMITTED TO OBTAIN ANY AWARD FOR, AND Participant HEREBY KNOWINGLY AND EXPRESSLY WAIVES ANY AND ALL RIGHTS TO (I) HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED RIGHTS AND (II) SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00); AND (4) Participant’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND Participant IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. 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 invalidity or unenforceability of any provision of these Sweepstakes Rules or the Prize Acceptance Documents will not affect the validity or enforceability of any other provision. In the event that any provision of the Sweepstakes Rules or the Prize Acceptance Documents is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Sweepstakes Rules or any Prize Acceptance Documents will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Sweepstakes Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
DIGITAL MILLENNIUM COPYRIGHT ACT: Sponsor’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA").
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