Build Up MI Giveaway
Revised and Effective August 4, 2020
NO PURCHASE NECESSARY – VOID WHERE PROHIBITED
Please read these terms and conditions (“Official Rules”) carefully before entering the “Build Up MI Giveaway” Sweepstakes (the “Sweepstakes”). By entering the Sweepstakes, you agree that you have read and are bound by the Official Rules set forth below as if you had signed a written contract. If you do not agree to the Official Rules, you may not enter the Sweepstakes.
NO PURCHASE OR DONATION NECESSARY TO ENTER OR WIN. You must either send a completed registration form to GUD Marketing or have internet access to participate.
1. SPONSOR: The Sweepstakes is sponsored by Public Broadcasting Service (“PBS”), 2100 Crystal Drive, Arlington, VA 22202 and Build Up Michigan, 240 S. Bridge Street, Suite 250, DeWitt, MI 48820 (the “Sponsors”) and administered by Sponsors and by Güd Marketing, 1223 Turner St., Suite 101, Lansing, MI 48906 (“Administrator”). No other entity is responsible for this Contest or the award of any prize.
2.ELIGIBLITY: The Sweepstakes is open only to permanent legal residents of the State of Michigan who are 18 years of age or older at the time of entry (each, an “Entrant”). Void where prohibited or restricted by law. Employees, officers, directors, trustees and agents of GUD Marketing, Build Up Michigan, the Michigan Department of Education, PBS, PBS member stations, and shopPBS, or any of their respective related, parent, affiliated or subsidiary companies or who have within six (6) months prior to the start date of the Sweepstakes performed services for any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, supplying prizes (or any component of any prize), and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals (collectively, the “Sweepstakes Entities”), are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, grandchildren, step-grandchildren, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three consecutive months a year, whether related or not. Potential winners may be required to provide proof of eligibility upon request prior to prize award.
3. SWEEPSTAKES ENTRY: The Sweepstakes begins on August 10, 2020 at 08:00 am (EDT) and ends on October 18, 2020 at 11:59 pm (EDT) (the “Entry Period”). A clock chosen by Administrator will serve as the official time-keeping device for the Contest. You may be asked to consent to receive promotional e-mails and reminder e-mails from Build Up Michigan. Consenting to receive promotional or reminder e-mails is optional and does not have to be agreed upon in order to be eligible to participate in the Sweepstakes and does not improve your chances of winning.
4.AGREEMENT TO THE OFFICIAL RULES: By entering the Sweepstakes, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsors and Administrator, which are final and binding in all matters related to the Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements and guidelines set forth herein. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
5.HOW TO ENTER: During the Entry Period stated above, participants may enter the Sweepstakes by going online at www.wgvu.org/buildupmi/entry-form/ and entering the Sweepstakes by completing the online entry form, viewing the educational videos and answering the questions. Entries received before or after the Entry Period, and/or those entries that do not meet the guidelines, are not eligible. Incomplete or inaccurate entries are void. On the online entry form, each Entrant must provide his/her legal name, telephone number, and a valid email address.
6. PRIZE: Twelve (12) Prize(s) will be awarded in total over the course of the Entry Period as follows: Twelve (12) Winner(s) will each receive a prize package consisting of a PBS Playtime Pad. Retail value of approximately $79.99.
7. RANDOM DRAWING: A total of Twelve (12) Entrants will be selected as winners (each, a “Winner”) from one (1) random drawing conducted by Adminsitrator on or about October 22nd, 2020 from among all eligible entries received during the Entry Period. Twelve (12) Winners each will receive one (1) Prize.
8. WINNER NOTIFICATION/VERIFICATION:
(a) Notification: Each Winner will be notified by email (or such other method as determined by Sponsors or Administrator based on contact information provided in entering the Sweepstakes). If any potential Winner selected cannot be contacted, or does not respond within five (5) business days of being notified, such potential Winner shall forfeit any and all rights to the Prize and, at the discretion of Administrator, an alternate potential Winner may be selected. All decisions of Administrator are final and binding in all respects.
(b) Each potential Winner will be required to complete, sign and return within five (5) business days of transmission of each of the following documents: an Affidavit of Eligibility and a Liability/Publicity Release form. If a signed Affidavit of Eligibility and Liability/Publicity Release form are not returned to Administrator within the specified time period, or if a potential Winner is found to be ineligible or otherwise not in compliance with these Official Rules, or declines a Prize for any reason prior to award, the Prize may be forfeited and the potential Prize Winner may be disqualified. If a potential Prize Winner is disqualified for any reason, at the discretion of Administrator, an alternate Winner may be selected from all remaining eligible entries received during the Entry Period.
(c) Sponsors, Administrator, and their agents are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsors’ or Administrator’s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsors and Administrator reserve the right, in their sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes. In such event, Sponsors and Administrator reserve the right to conduct the Sweepstakes and award prizes by means of a random drawing comprised of all eligible entries received prior to and/or after (as appropriate) the action taken by Sponsors or Administrator or otherwise award the prize in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsors and/or Administrator in their sole discretion. Notice of termination/modification/suspension of Sweepstakes will be posted on the Website. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer related to or resulting from participation in or downloading any materials from this Sweepstakes.
(d) Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT BY A SWEEPSTAKES ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSORS OR ADMINISTRATOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH AN INDIVIDUAL AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
9. PRIZE TERMS, CONDITIONS AND RESTRICTIONS:
(a) The right to receive a Prize may not be transferred or assigned to another person, and may not be exchanged for a different Prize or redeemed for cash or any other consideration. No cash or other substitution may be made, except by Administrator, which reserves the right to substitute the Prize with a prize of comparable or greater value, at its sole discretion in the event of unavailability.
(b) Limit: One (1) Prize for each Winner. Sponsors and Administrator make no, and disclaim all, warranties, guarantees or representations, express or implied, concerning the condition, quality, merchantability, and/or fitness of the Prize.
(c) Any and all federal, state and local taxes, fees and surcharges on Prizes, if any, as well as any other costs and expenses associated with acceptance of the Prize are the sole responsibility of each Winner.
10. APPROXIMATE RETAIL VALUE OF THE PRIZE: The approximate retail value (the “ARV”) of the prize package (one PBS Playtime Pad) is $79.99. Any difference between stated ARV and actual value will not be awarded. Odds of winning the Prize depend on the total number of eligible entries received during the Entry Period.
11. INDEMNITY/RELEASE: By participating, Entrants: (a) agree to indemnify, defend and hold harmless Sponsors and Administrator, their respective subsidiaries, affiliates, directors, officers, employees, attorneys, agents and representatives (collectively, the “Sweepstakes Entities”), from any and all third party liability for any injuries, loss, claim, action, demand or damage of any kind arising from or in connection with Entrant’s Entry; (b) release Sweepstakes Entities from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by Entrant’s participation, including the acceptance, possession, use, or misuse of the Prize; and (c) acknowledge that no Sweepstakes Entities have either made or are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the Prizes, as applicable, including, but not limited to, their quality or availability. In the event Sponsors or Administrator are prevented from continuing with the Sweepstakes by any event beyond their 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, public health emergency, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsors’ or Administrator’s control, Sponsors and Administrator shall have the right to modify, suspend, or terminate the Sweepstakes. Neither Sponsors nor Administrator nor any service providers are responsible for incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Web site, or any other error or malfunction, or any injury or damage to participant's or any other person's computer related to or resulting from participation in this Sweepstakes.
12.USE OF IDENTITY. By entering the Sweepstakes, each Entrant grants to Sponsors and Administrator the right to use Entrant’s name, likeness, picture, address (city and state only), voice, biographical information, and written or oral statements, for advertising and promotional purposes in connection with the Sweepstakes, and/or Build Up Michigan, without further consideration, review, approval or payment, where not prohibited by law.
13. DISPUTES: Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes, and/or the Prize awarded shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees; (c) under no circumstances will an Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and (d) Entrant’s remedies are limited to a claim for money damages (if any) and each Entrant irrevocably waives any right to seek injunctive or equitable relief.
14. GOVERNING LAW / JURISDICTION: All disputes arising hereunder or in relation to the Sweepstakes and/or the Prize, shall be brought solely and exclusively in the United States District Court in Lansing, Michigan or the appropriate Michigan State Court located in Ingham County, Michigan and Entrant hereby consents to the jurisdiction of such courts and waives any defense of inconvenient forum.
15. WINNERS LIST: To receive results of the Sweepstakes Winner’s list, send a stamped, self-addressed envelope to: GUD Marketing, 1223 Turner St, Ste 101, Lansing, MI 48906. All such requests must be received by November 1, 2020.