DISH “Are You the Biggest Fan” Contest
NO PURCHASE NECESSARY
CONTEST DESCRIPTION: The DISH “Are You the Biggest Fan” Contest (the “Contest”) takes place from 12:00 a.m. Eastern Time (“ET”) on July 7, 2018 to 11:59 p.m. ET on December 9, 2018 (the “Contest Period”). The Contest provides eligible entrants with the opportunity to upload a video (the “Video”) demonstrating what makes you the biggest fan of either “WWE,” “Shooter,” “SYFY,” or “The Real Housewives of OC” (each, a “Television Series” and collectively, the “Television Series”) as more fully set forth below. Eligible Videos will be judged by representatives of Sponsor to select the one (1) prize winner for each Television Series, as described herein. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of DISH Network, L.L.C., 9601 South Meridian Boulevard, Englewood, CO 80112 (“DISH” or “Sponsor”), which shall be final and binding in all respects. The Prize Provider for this Contest is Bravo Media LLC, Universal Television Networks and NBCUniversal Media, LLC, located at 30 Rockefeller Plaza, New York, NY 10112 (collectively, “NBCU” or “Prize Provider”).
ELIGIBILITY: Only legal U.S. residents residing in the fifty (50) United States and Washington D.C., who are eighteen (18) years of age or older are eligible to enter. Employees, officers and directors of Sponsor, Prize Provider, RedPeg Marketing, Inc., Black Diamond Media, Inc., Blue Pixel Creates, their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, agents, successors and assigns, and Sponsor’s advertising and promotion agencies (collectively, the “Contest Entities”) and the immediate family members, and/or those living in the same household of each, are ineligible to enter the Contest or win a prize. Contest is void where prohibited by law.
HOW TO ENTER: There are two (2) ways to enter the Contest:
ONLINE: To enter the Contest online, during the Contest Period go to www.biggestfantour.com (the “Website”), complete the entry form with your complete name, email address, date of birth, zip code, and gender (optional), answer one (1) survey question, and follow the on-screen instructions to upload your Video and submit your entry.
ONSITE: Look for the DISH display at a variety of events and retail locations (each, an “Event” and collectively, the “Events”) throughout the Contest Period. A list of Events will be available on the Website and will be updated throughout the Contest Period. In order to enter at an Event, you must first complete and submit an electronic registration form, including your complete name, email address, date of birth, zip code, and gender (optional). Upon successfully submitting the registration form, you will be provided with an NFC device. The NFC device will allow you to participate in a number of activities at each Event. Event activities may be subject to separate terms and conditions which will be made available at the Events. To enter the Contest at an Event, representatives of Sponsor will be on-hand to help create your Video with you and your Video will be submitted into the Contest once it is completed.
Limit one (1) entry per person per Television Series.
Each Video must meet the following “Video Requirements” (any entry that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):
Video must be no more than 30 seconds;
Video files must be provided in one of the following file formats: MP4 (MPEG4), or WebM and less than 100MB in size;
Entrant must be the rightful owner of the Video included with the entry or must have the rights, title and interest necessary to utilize the Video for the Contest in compliance with these Official Rules;
Entrant must be the rightful owner of the e-mail address associated with the entry and Video;
Videos must NOT contain any material that infringes or violates any right of a third party including copyright, patent, trademark, trade secret or other proprietary rights, other than those relating to the Television Series. For example, Videos should NOT contain reference to sports team logos, celebrities, names or logos of businesses, music or lyrics, or clips from television shows or movies, other than those related to the Television Series;
Videos must NOT include third parties/people, who have not expressly authorized in writing the entrant to feature their name, image, likeness or voice in the Video or otherwise use such name, image, likeness or voice in accordance with these Official Rules (if applicable, any selected winner may be required to verify such authorization in the form of a release);
Videos must NOT contain subject matter which is, or could be considered, in the sole discretion of the Contest Entities, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable;
Videos must NOT contain any content that promotes any particular political agenda or message;
Videos must NOT contain any personal identification, such as personal names or e-mail addresses;
Videos must NOT communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
Videos must NOT violate any law;
Videos must NOT contain any content that is protected by copyright (without the express prior written consent of the owner of such right), including any music that is not entirely original to and owned by the entrant or include any recognizable locations or include names and/or descriptions of any copyrighted media production, including, without limitation, films, books, television programming, etc., or identifying descriptions of any media property, other than those related to the Television Series; and
Videos must NOT contain any derogatory references to any of the Contest Entities.
Note: Sponsor reserves the right, in its sole discretion, to disqualify any entry in the Contest if Sponsor views the Video as potentially infringing or otherwise a violation or potential violation of a third party’s rights or if it deems the Video to be lacking in taste, quality, or to be otherwise objectionable.
All requested information on the Website or with NFC registration must be completed to enter and to be eligible to win. Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Proof of
submission is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any entry that is lost, intercepted or not received by the Sponsor.
CONTEST JUDGING: At the conclusion of the Contest Period, the eligible Videos will be judged by representatives of Sponsor to determine the one (1) prize winner for each Television Series based on the following equally weighted judging criteria: a) Exhibits enthusiasm and passion for the Television Series; and b) Story is unique and/or entertaining.
The judging of Videos will be conducted under the supervision of Sponsor whose decisions are final and binding in all respects relating to winner selection. In the event of a tie, the tied entrants will be re- judged by an additional judge who will serve as a tie-breaker using the same criteria as outlined herein.
WINNER NOTIFICATION: The four (4) potential prize winners will be notified by telephone and/or e-mail using the contact information provided at the time of entry on or about December 17, 2018. 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 based on the judging results. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with judging criteria noted above, after which the prize in question may go unawarded if it remains unclaimed. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Any potential prize winner must execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If winner fails or refuses to sign and return all Prize Claim Documents within five (5) days after prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be selected. The winner will be issued a 1099 tax form following the receipt of the prize for the actual retail value of the prize and will be required to provide Sponsor with his or her social security number for purposes of same.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each entrant represents and warrants as follows: (i) the Video is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Video is wholly original with the entrant; and (iii) the Video does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
GRANT OF RIGHTS: Each entrant into the Contest hereby irrevocably grants to Sponsor, its designees, affiliates, successors and assigns, the non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display the Video in any media now known or hereafter devised including, but not limited to all forms of electronic media, print media and all forms of internet and wireless protocol in perpetuity and throughout the universe for advertising, marketing, publicity and promotional purposes in connection with the Contest and other promotions. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the
Video for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant irrevocably grants the Contest Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, and biographical information in any and all media for any purpose, including without limitation, advertising and promotional purposes and hereby releases the Contest Entities from any liability with respect thereto.
PRIZES/APPROXIMATE RETAIL VALUES:
One (1) “WWE” Prize is available. The “WWE” Prize consists of a three (3) day/two (2) night trip for the winner and one (1) guest to a destination (to be determined by Prize Provider in its sole discretion) to attend a WWE RAW or SmackDown event (to be determined by Prize Provider in its sole discretion) (the “WWE Trip”). The WWE Trip includes: a) round-trip economy class air transportation from an airport near winner’s residence to an airport near the event (selection of airports shall be at the sole discretion of Sponsor and/or Prize Provider); b) two (2) nights hotel accommodations (one room, double occupancy) (hotel to be determined in Prize Provider’s sole discretion); c) airport transfers to/from airport/hotel; d) two (2) ringside tickets to the event; and e) a WWE/USA Network Swag Bag. The approximate retail value (“ARV”) of the “WWE” Prize is $5,000.
One (1) “Shooter” Prize is available. The “Shooter” Prize consists of a three (3) day/two (2) night trip for the winner and one (1) guest to Washington, D.C. (the “Shooter Trip”). The Shooter Trip includes: a) round-trip economy class air transportation from an airport near winner’s residence to Washington, D.C. (selection of airports shall be at the sole discretion of Sponsor and/or Prize Provider); b) two (2) nights hotel accommodations (one room, double occupancy) (hotel to be determined in Prize Provider’s sole discretion); c) airport transfers to/from airport/hotel; d) a Washington, D.C. guided night tour for two (2); e) an Arlington National Cemetery Tour for two (2); f) a USA Network Swag Bag; and g) a $500 American Express® Gift Card. The ARV of the “Shooter” Prize is $5,000.
One (1) “SYFY” Prize is available. The “SYFY” Prize consists of a three (3) day/two (2) night trip for the winner and one (1) guest to New York, NY to attend New York Comic Con in October 2019 (the “SYFY Trip”). The SYFY Trip includes: a) round-trip economy class air transportation from an airport near winner’s residence to New York, NY (selection of airports shall be at the sole discretion of Sponsor and/or Prize Provider); b) two (2) nights hotel accommodations (one room, double occupancy) (hotel to be determined in Prize Provider’s sole discretion); c) airport transfers to/from airport/hotel; d) two (2) badges to New York Comic Con valid for all four (4) days of the event; e) a SYFY/New York Comic-Con Network Swag Bag; and f) a $500 shopping spree at Midtown Comics, awarded as a $500 American Express® Gift Card. The ARV of the “SYFY” Prize is $5,000.
One (1) “The Real Housewives of OC” Prize is available. “The Real Housewives of OC” Prize consists of a three (3) day/two (2) night trip for the winner and one (1) guest to Orange County, CA (the “OC Trip”). The OC Trip includes: a) round-trip economy class air transportation from an airport near winner’s residence to Orange Country, CA (selection of airports shall be at the sole discretion of Sponsor and/or Prize Provider); b) two (2) nights hotel accommodations at the St. Regis Monarch Beach or comparable hotel (one room, double occupancy) (hotel to be determined in Prize Provider’s sole discretion); c)
airport transfers to/from airport/hotel; d) select spa treatments for two (2) at the St. Regis Monarch Beach; e) a Bravo Network Swag Bag; and g) a $500 American Express® Gift Card. The ARV of the “OC” Prize is $5,000.
Actual value of prizes may vary based on point of departure. In the event a winner elects not to travel with a guest no compensation or substitution will be provided in lieu thereof. Any difference between stated value and actual value will not be awarded. Except for the SYFY Trip (the dates of which shall be designated by Prize Provider in its sole discretion), travel must be completed by December 9, 2019 (or on such other dates as designated by Sponsor and/or Prize Provider in their sole discretion) or prize will be forfeited and Sponsor will have no further obligation to such winner. Certain travel restrictions and blackout dates may apply. Prize Provider has the right in its sole discretion to substitute ground transportation for air transportation depending on each winner’s place of residence. Sponsor and/or Prize Provider reserves right to change dates of SYFY Trip. Winners and their guests must travel together on the same itinerary. Guests must be of legal age of majority in his/her jurisdiction of residence (and at least 18) and must sign a liability/publicity release prior to issuance of travel documents. Travel must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. Neither Sponsor or Prize Provider will replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Neither Sponsor or Prize Provider is liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of winner and guest. Sponsor and Prize Provider shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of prizes, and are not responsible or liable for any expenses incurred as a consequence thereof. All other costs associated with prize acceptance and use not specified herein as being provided, including but not limited to any/all additional ground transportation, parking fees, luggage fees, meals, souvenirs and gratuities are the sole responsibility of the winner. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor and/or Prize Provider reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor’s sole discretion. Prizes are subject to certain terms and conditions, as specified by issuer. Restrictions may apply.
GENERAL PRIZE CONDITIONS: The prize winner 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.
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 Contest. 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: By participating in the Contest, each entrant agrees that the Contest Entities (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or in any Contest related activity, or from entrant’s acceptance, receipt, possession and/or use or misuse of any prize, and (ii) have not made any warranty, representation or
guarantee express or implied, in fact or in law, with respect to any prize and specifically disclaim all such warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. The Contest Entities assume no responsibility for any damage to an entrant’s or any other person’s computer system which is occasioned by accessing the Website or otherwise participating in the Contest, 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, or stolen submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, web sites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of the prize or in any prize notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. If, for any reason, the Contest is not capable of running as planned, including, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, suspend or extend the Contest and, in the event of any termination or cancellation, select winners from among all eligible, non-suspect entries received prior to the termination or cancellation. Any attempt by an entrant or any other individual to deliberately damage the Website or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person in connection with the Contest, is in violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to disqualify the applicable individual and seek damages and other remedies from any such person to the fullest extent permitted by law. If any provisions of these Official Rules are determined to be invalid or unenforceable, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Video, or to otherwise exploit any Video or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Video for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments or certificates of engagement for the Video or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor’s request therefor.
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 CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF COLORADO WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
WINNER’S LIST: The names of the winners shall be posted on the Website after the winners are determined.
NBCU is not the Sponsor of this Contest and is not associated with the administration of this Contest in any way. Any questions, comments or complaints regarding the Contest must be directed to Sponsor and not to NBCU.