The
Surf ‘n
Win Sweepstakes
OFFICIAL RULES
No
Purchase Necessary
PROMOTION DESCRIPTION: The
Surf ‘n Win Sweepstakes (the “Sweepstakes”)
begins on or about June 2, 2008 at 12:01 a.m. Central
Time (“CT”) and ends on September 2, 2008
at 11:59 p.m. CT (the “Promotion Period”).
Entry in the Sweepstakes does not constitute entry
into any other promotion, contest or sweepstakes. By
participating in the Sweepstakes, each entrant unconditionally
accepts and agrees to comply with and abide by these
Official Rules and the decisions of Time Warner Cable
San Antonio, L.P., 1900 Blue Crest Lane, San Antonio,
Texas 78247 (“Sponsor”), which shall be
final and binding in all respects.
ELIGIBILITY: Only
legal U.S. residents who are eighteen (18) years
of age or older and reside in the San Antonio, Texas
service area as of June 2, 2008 are eligible to enter
the Sweepstakes. Sponsor, Time Warner Cable, Inc.,
their respective parents, subsidiaries, affiliates,
distributors, retailers, sales representatives, advertising
and promotion agencies and each of their respective
officers, directors and employees (collectively,
the “Promotion Entities”)
and the immediate family members, and/or those living
in the same household of each, are ineligible to enter
the Sweepstakes or win a prize.
HOW TO ENTER: To enter
the Sweepstakes, visit the web site www.twc-sa.com/surfnwin (the “Website”),
complete the entry form with the information requested,
and click “Submit Entry”. All requested
information on the entry form at the Website must be
completed to enter and to be eligible to win. Incomplete
entries will automatically be disqualified. Proof of
entering information at the Website is not considered
proof of delivery to or receipt by Sponsor of such
entry. Except as contemplated in these Official Rules,
personal information collected in connection with this
Sweepstakes will be used in accordance with the privacy
policy found on the Website.
NOTE: Internet entry
must be made by the entrant, only at the Website. Entries
made by any other individual or any entity, and/or
originating at any other web site or e-mail address,
including but not limited to commercial sweepstakes
subscription notification and/or entering service sites,
will be declared invalid and disqualified from this
Sweepstakes. The use of any device or methodology to
automate the entry process is prohibited.
All
entries must be received by the end of the Promotion
Period in order to participate. The Website’s
database clock will be the official time keeper for
online entries in this Sweepstakes. In the event of
a dispute regarding the identity of the individual
who actually submitted an entry cannot be resolved
to Sponsor’s satisfaction, the affected entry
will be deemed ineligible. The Promotion Entities shall
not be responsible for incorrect or inaccurate entry
information whether caused by Internet users or by
any of the equipment or programming associated with
or utilized in the Sweepstakes or by any technical
or human error which may occur in the processing of
the entries in the Sweepstakes. The Promotion Entities
assume no responsibility or liability for any error,
omission, interruption, deletion, theft or destruction,
or unauthorized access to, or alteration of entries. Limit
one (1) entry per person and/or e-mail address.
WINNER SELECTION AND NOTIFICATION: At
the end of the Promotion Period, the prize winners
will be randomly selected from all eligible entries
received during the Promotion Period. The potential
prize winners will be notified by e-mail using contact
information provided or collected at the time of entry.
Sponsor shall have no liability for any winner notification
that is lost, intercepted or not received by a potential
winner for any reason. If, despite reasonable efforts,
a potential winner does not respond within seventy-two
(72) hours of the first notification attempt, or if
the prize or prize notification is returned as unclaimed
or undeliverable to such potential winner, such potential
winner will forfeit his or her prize and an alternate
winner may be selected. Sponsor, in its sole discretion,
will attempt to contact up to three (3) potential winners
of a prize in accordance with the above procedure,
after which the prize in question may go unawarded
if it remains unclaimed. If any potential prize winner
is found to be ineligible, or if he or she has not
complied with these Official Rules or declines the
prize for any reason prior to award, such potential
prize winner will be disqualified and an alternate
prize winner may be selected. The odds of winning
depend on the number of eligible entries received.
PRIZES,
DRAWINGS, AND APPROXIMATE RETAIL VALUES (“ARV”):
One
(1) Grand Prize is available. The Grand Prize consists
of an LG 37” 1080p LCD HD Television.
The approximate retail value ("ARV")
of the Grand Prize is $1,200.
One
(1) First Prize is available. The First Prize consists
of a Dynex 32” LCD Television. The ARV
of the First Prize is $600.
Two (2) Second Prizes are available. Each Second Prize
consists of a Compaq Laptops with Intel Pentium Dual-Core
Mobile Processor T2330. The ARV of each Second Prize
is $600.
Three (3)
Third Prizes are available. Each Third Prize consists
of a Zune 8 GB MP3 Video Players. The ARV of each
Third Prize is $170.
Three
(3) Fourth Prizes are available. Each Fourth Prize
consists of a Multi-Handset Digital Phone system. The
ARV of each Fourth Prize is $150. No cash alternative
or prize substitutions will be allowed, except Sponsor
reserves the right to substitute a prize of comparable
value if a prize listed is unavailable for any reason.
The ARV of any electronic prize is 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 an electronic 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.
Prizes
can only be claimed in person at the Time Warner
Cable San Antonio office located at 1900 Blue Crest
Lane, San Antonio, Texas. Prize winners shall be solely
responsible for all federal, state and/or local taxes,
and the reporting consequences thereof, and for any
other fees or costs associated with the applicable
prize. Any potential prize winner may be required to
execute an Affidavit of Eligibility, a Liability Release,
and (where imposing such condition is legal) a Publicity
Release (collectively, “Prize Claim Documents”).
If a winner fails or refuses to sign and return all
Prize Claim Documents within ten (10) days of prize
notification, winner may be disqualified and an alternate
winner may be selected.
Sponsor
makes no warranties, and hereby disclaims any and
all warranties, express or implied, concerning any
prize furnished by third parties in connection with
the Sweepstakes. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS
IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND/OR NON-INFRINGEMENT.
GENERAL LIABILITY RELEASE/FORCE
MAJEURE: Acceptance of a prize constitutes
prize winner’s permission for Sponsor to use
prize winner’s name, photograph, likeness,
voice, biographical information, statements and address
(city and state) for advertising and/or publicity
purposes worldwide and in all forms of media now
known or hereafter developed, in perpetuity, without
further compensation. Entrants agree that the Promotion
Entities (A) shall not be responsible or liable for,
and are hereby released from, any and all costs,
injuries, losses or damages of any kind, including,
without limitation, death and bodily injury, due
in whole or in part, directly or indirectly, to participation
in the Sweepstakes or any Sweepstakes-related activity,
or from entrants’ acceptance, receipt, possession
and/or use or misuse of any prize, and (B) have not
made any warranty, representation or guarantee express
or implied, in fact or in law, with respect to any
prize, including, without limitation, to such prize’s
quality or fitness for a particular purpose. Sponsor
assumes no responsibility for any damage to an entrant’s
or any other person’s computer system or wireless
phone which is occasioned by accessing the Website
or otherwise participating in the Sweepstakes, or
for any computer system, phone line, hardware, software
or program malfunctions, or other errors, failures,
delayed computer transmissions or network connections
that are human or technical in nature. Without limiting
the generality of the foregoing, Sponsor is not responsible
for incomplete, illegible, misdirected, misprinted,
late, lost, damaged, stolen, or postage-due submissions
or prize notifications; or for lost, interrupted,
inaccessible or unavailable networks, servers, satellites,
Internet service providers, websites, or other connections;
or for miscommunications, failed, jumbled, scrambled,
delayed, or misdirected computer, telephone or cable
transmissions; or for any technical malfunctions,
failures, difficulties or other errors of any kind
or nature; or for the incorrect or inaccurate capture
of information, or the failure to capture any information.
Sponsor reserves the right in its sole discretion
to disqualify any individual who is found to be tampering
with the entry process or the operation of the Sweepstakes
or the Website, to be acting in violation of these
Official Rules, or to be acting in an unsportsmanlike
or disruptive manner, or with the intent to disrupt
or undermine the legitimate operation of the Sweepstakes,
or to annoy, abuse, threaten or harass any other
person, and Sponsor reserves the right to seek damages
and other remedies from any such person to the fullest
extent permitted by law. No mechanically reproduced,
illegible, incomplete, forged, software-generated
or other automated multiple entries will be accepted.
Sponsor reserves the right to modify, extend, suspend,
or terminate the Sweepstakes if it determines, in
its sole discretion, that the Sweepstakes is technically
impaired or corrupted or that fraud or technical
problems, failures or malfunctions or other causes
beyond Sponsor’s control have destroyed or
severely undermined or to any degree impaired the
integrity, administration, security, proper play
and/or feasibility of the Sweepstakes as contemplated
herein. In the event Sponsor is prevented from awarding
prizes or continuing with the Sweepstakes as contemplated
herein by any event beyond its control, including
but not limited to fire, flood, natural or man-made
epidemic of health of other means, earthquake, explosion,
labor dispute or strike, act of God or public enemy,
satellite or equipment failure, riot or civil disturbance,
terrorist threat or activity, war (declared or undeclared)
or any federal state or local government law, order,
or regulation, public health crisis (e.g., SARS),
order of any court or jurisdiction, or other cause
not reasonably within Sponsor’s control (each
a “Force Majeure” event or occurrence),
then subject to any governmental approval which may
be required, Sponsor shall have the right to modify,
suspend, or terminate the Sweepstakes. If the Sweepstakes
is terminated before the designated end date, Sponsor
will (if possible) select winner(s) in a random drawing
from all eligible, non-suspect entries received as
of the date of the event giving rise to the termination.
Inclusion in such drawing shall be each entrant’s
sole and exclusive remedy under such circumstances.
These Official Rules cannot be modified or amended
in any way except in a written document issued by
a duly authorized representative of Sponsor. The
invalidity or unenforceability of any provision of
these Official Rules shall not affect the validity
or enforceability of any other provision. In the
event that any provision is determined to be invalid
or otherwise unenforceable or illegal, these Official
Rules shall otherwise remain in effect and shall
be construed in accordance with their terms as if
the invalid or illegal provision were not contained
herein.
GOVERNING LAW/JURISDICTION: ALL
ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION,
VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE
OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS
OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL
BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
INTERNAL LAWS OF THE STATE OF TEXAS 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.
WINNER’S
LIST/OFFICIAL RULES: For the names of the winners, visit www.twc-sa.com/surfnwin beginning
November 10, 2008 through November 24, 2008.
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