MOTR Houston Rules on mun2

tue 11/25/2008

MOTR Houston II Sweepstakes
Official Rules
November 25, 2008 – December 21, 2008

PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. PURCHASE DOES NOT IMPROVE CHANCES OF WINNING. This Sweepstakes is only open to permanent legal residents of the forty eight (48) contiguous United States and the District of Columbia who are physically located and residing therein, and who are eighteen (18) years of age or older as of November 25, 2008. Residents of the states of Alaska and Hawaii, and residents of Guam, Puerto Rico and all other U.S. territories and possessions are not eligible to enter this Sweepstakes. The MOTR Houston II Sweepstakes (“Sweepstakes”) begins on November 25, 2008 at 12:00 A.M. and ends on December 21, 2008 at 11:59 P.M. (“Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time. Odds of winning depend upon the number of eligible entries received.

ELIGIBILITY: Open only to permanent legal residents of the forty eight (48) contiguous United States and the District of Columbia who are physically located and residing therein, and who are eighteen (18) years of age or older as of November 25, 2008. Residents of the states of Alaska and Hawaii, and residents of Guam, Puerto Rico and all other U.S. territories and possessions are not eligible to enter this Sweepstakes. If entrant is a resident of a jurisdiction that deems him/her to be a minor, he or she must obtain consent from their parent and/or legal guardian prior to submitting personally identifiable information. Officers, directors, and employees of Sweepstakes Entities, members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses), and/or persons living in the same households as such persons (whether related or not) are ineligible to enter the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include Sponsors, and their respective parent, subsidiary, and affiliate companies and administrative, advertising, and promotion agencies. Sponsors, as referenced herein, shall include mun2, 100 Universal City Plaza / City Walk Building 4525, Ste. 3A, Universal City, CA 91608, Telemundo Network Group LLC, 2290 West 8th Avenue, Hialeah, FL 33010, and NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112 and Toyota Motor Sales U.S.A., 19001 South Western Avenue, Torrance, CA 90501 (“Sponsors”).

TO ENTER: To enter, access the mun2 Web site at http://www.holamun2.com/MOTR (“Web Site”), click on the Sweepstakes icon or text link, either of which will take you to the Sweepstakes home page and entry form. Then complete and thereafter submit the entry form. Information required on the entry form consists of your complete first and last name, complete address (including zip code), daytime and evening telephone numbers (including area code), date of birth, and e-mail address (“Entry”). All Entries become the property of Sponsors, and will not be acknowledged or returned.

Entries must be received by 11:59 P.M. on December 21, 2008. You may enter once per day during the Sweepstakes Period. Multiple Entries received from any person or email address beyond the stated limit will void all such additional Entries. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. If there is a dispute as to the identity of an online entrant who made a potentially winning Entry, Sponsors will deem that the Entry was made by the authorized account holder of the email address. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Any personal information supplied by entrants to Sponsors will be subject to Sponsors’ respective Privacy Policies posted at http://holamun2.com/privacy; and http://www.toyota.com/help/privacy.html. Except where prohibited by law or Sponsors’ Privacy Policies, Entry constitutes permission to use entrant's name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity without additional compensation. Entrants will have the opportunity to receive information from Sponsors and selected partners by checking the appropriate box. If, at any time, you no longer wish to receive materials from Sponsors and selected partners, please go to their respective Privacy Policies (as listed above) and follow the procedures indicated.

WINNER SELECTION AND NOTIFICATION: On or about January 5, 2009, one (1) winner (“Winner”) will be selected in a random drawing by Sponsors’ representatives from all eligible Entries. Sponsors will make two (2) attempts within a twenty-four (24) hour period to notify Winner at the phone number submitted at the time of entry. Winner (or, if Winner is a minor, his/her parent or legal guardian) will be required to execute and return (via shipping service pre-paid by Sponsors) an Affidavit of Eligibility, Liability Release, Publicity Release (where legal), an IRS Form W-9 and any other documentation that Sponsors may require (collectively, “Sweepstakes Documents”) within five (5) days after receipt such notification. Noncompliance within this time period will result in disqualification, and an alternate winner may be selected from the remaining eligible Entries. By returning the completed Sweepstakes Documents, Winner attests to the authenticity of his/her Entry. If Winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her prize or prize notification is returned as undeliverable, Winner will be disqualified and an alternate potential winner may be selected from the remaining eligible Entries. Prize notification and Sweepstakes Documents will be mailed/shipped to a street address within the forty eight (48) contiguous United States and the District of Columbia only.

PRIZE: There will one (1) prize (“Prize”) awarded to Winner. Prize consists of a trip for Winner and one (1) guest (“Guest”) to Houston, TX (“Trip”). Trip consists of round trip coach-class air transportation for Winner and Guest from a major commercial airport near Winner’s residence (as determined by Sponsors in their sole discretion) to Houston, TX; standard hotel accommodations (single room/double occupancy) for two (2) nights (as determined by Sponsors in their sole discretion); round trip ground transportation between hotel and airport while in Houston, TX; and a mun2 gift bag (actual contents, such as a hat, t-shit, etc. to be determined and subject to change at Sponsors’ sole discretion). Approximate Retail Value (“ARV”) of Prize is two thousand dollars ($2,000). Actual value of Prize depends upon the point of departure and any airfare fluctuations. Any difference between the ARV and actual value will not be awarded. Winner will receive an IRS Form 1099 from Sponsors for the total ARV of Prize for the tax year in which Prize was won. If a Prize element is not available, as determined by Sponsors in their sole discretion, then the remaining elements of the Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. Sponsors reserve the right to provide ground transportation in lieu of air transportation for Winner if he/she resides within one hundred (100) miles of Houston, TX. Sponsors reserve the right to substitute Prize (or Prize element) of equal or greater value due to Prize/Prize element unavailability for any reason at their sole discretion. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above. No substitution of Prize by Winner. If the Prize is unclaimed, it will be forfeited and an alternate potential winner may be selected from the remaining eligible Entries. Certain blackout periods and travel restrictions may apply. Travel and hotel arrangements will be determined by Sponsors in their sole discretion. Once determined, no change, extension or substitution of Trip dates are permitted, except by Sponsors in their sole discretion. If Guest is a resident of a jurisdiction that deems him/her to be a minor, he/she must be accompanied by his/her parent or legal guardian and such person must be the Winner. If Winner is deemed a minor, the Prize will be awarded in the name of his/her legal guardian and he/she must be accompanied on Trip by his/her parent or legal guardian. Winner and Guest must travel together on the same itinerary. Prize consists only of the elements set forth above. All taxes and all other travel elements, unspecified expenses, costs, or fees including, without limitation, unspecified phone calls, insurance, meals, gratuities, souvenirs, etc., associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Airline and hotel reservations are subject to availability. All taxes and fees assessed at the time of ticketing are the responsibility of Winner. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by Sponsors in their sole discretion. Trip must be completed within one (1) year of notification of winning or Prize will be forfeited. Certain blackout periods and travel restrictions may apply. Tickets will be issued only to Winner and Guest. Tickets are void if sold for cash or other consideration. Winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Travel arrangements must be made through Sponsors. Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. Travel may not be combined with any other offer. All travel will be at the risk of Winner and Guest. If Winner chooses to take the Trip with no Guest, the remaining elements of the Prize shall constitute full satisfaction of Sponsors’ prize obligation to the Winner and no additional compensation will be awarded. Guest, if any, will be required to execute and return a release of liability and, except where prohibited, publicity release, which must be returned with the Sweepstakes Documents, or Guest portion of Prize will be forfeited.

CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities and their respective officers, directors, employees, shareholders, representatives, and agents (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, misuse, or inability to use Prize (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to 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 Prize, including express warranties provided exclusively by the Prize supplier that are sent along with Prize; (c) if selected as Winner, to the posting of such entrant’s name on and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to be bound by all actions of the Sponsors, whose decisions are binding and final on all matters related to this Sweepstakes. Failure to comply with these conditions may result in disqualification from the Sweepstakes.

ADDITIONAL TERMS: Sponsors reserve the right to terminate the Sweepstakes or permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. Sponsors reserve the right to cancel or modify the Sweepstakes should any computer virus, malfunction, or other cause beyond their control corrupt the administration, security, or proper operation thereof. In the event of cancellation, Prize will be awarded in a random drawing from among all eligible, non-suspect Entries received prior to the event requiring cancellation. Notice of cancellation or modification will be posted at http://www.holamun2.com/MOTR. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer and/or telephone relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, mobile telephone service, or computer failures of any kind; for inaccurate transcription of Entry Information; for errors in any promotional, marketing, or prize notification or fulfillment materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.

DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN MIAMI, FLORIDA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN FLORIDA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF MIAMI-DADE. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

RULES/WINNER’S NAME: For the name of the Winner, available after January 12, 2009, or, for an additional copy of these Official Rules, visit http://www.holamun2.com/MOTR or send a self-addressed, stamped envelope to be received by March 12, 2009 to: MOTR Houston Sweepstakes, “Winner’s Name”, P.O. Box 11389, Burbank, CA 91510.