- ELIGIBILITY: Open only to permanent legal U.S. residents physically residing in the fifty (50) United States and DC (residents of Guam, Puerto Rico, the US Virgin Islands and other United States territories are excluded from entry and participation), who are 18 years of age or older at time of entry. Officers, directors, agents, and employees of Sponsors, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and any other person or entity involved in the development or administration of the Sweepstakes, and their immediate family members (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to participate in or win the Sweepstakes. Void where prohibited by law. All applicable federal, state and local laws apply.
- SWEEPSTAKES PERIOD/HOW TO ENTER: Beginning 9:00 am Eastern Time ("ET") on September 2, 2009 through 11:59pm ET on September 29, 2009 (the "Sweepstakes Period"), participants may enter the Sweepstakes by 1) logging on to http://www.characterarcade.com (the "Website") and 2) once there, clicking on the Sweepstakes banner and following the instructions on how to enter (including completing the official entry form and clicking on the box indicating you wish to enter the Sweepstakes). Participants may also enter the Sweepstakes when participating in the Big Lots Character Arcade (the "Arcade") by logging on to http://www.characterarcade.com and registering for the Arcade. Once the Arcade registration process is complete, participants will be invited to enter the Sweepstakes. All participants who successfully complete either entry process will be entered into the Sweepstakes. All entries must contain the following information:
- a) Entrant’s name;
- b) Entrant’s daytime telephone number;
- c) Entrant’s home address;
- d) Entrant’s e-mail address (if applicable); and
- e) Entrant’s date of birth.
All entries must be received by 11:59pm ET on September 29, 2009. Limit one (1) entry per unique email address or person per day throughout the Sweepstakes Period as determined by name and unique email address. Entries received in excess of this limit from any unique email address or person during Sweepstakes Period will be void. Entries generated by script, macro or other automated means are void. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. All entries become the property of the Sponsors, and will not be acknowledged.
- RANDOM DRAWING/WINNER NOTIFICATION: On or about October 23, 2009, employees or representatives of Sponsors, whose decisions are final and binding with respect to all matters related to the Sweepstakes, will select in a random drawing one (1) potential Grand Prize Winner, ten (10) potential First Prize Winners, and twenty (20) potential Second Prize Winners from all eligible entries received during the Sweepstakes Period. The first eligible entry drawn from all eligible entries will be designated the potential Grand Prize Winner. The next ten (10) eligible entries drawn from the remaining eligible entries will each be designated a potential First Prize Winner. The next twenty (20) eligible entries drawn from the remaining eligible entries will each be designated as a potential Second Prize Winner. Odds of winning will depend upon the number of eligible entries received. Winning is subject to verification of eligibility and compliance with these Official Rules. Sponsors will make two (2) attempts to contact potential winners at the phone number or email address provided at time of entry. If Sponsors are unable to reach a potential winner via phone or email within this time frame, he/she may be disqualified and an alternate winner may be selected. Potential winners may be required to complete, sign, have notarized, and return an Affidavit of Eligibility and Liability Release and Publicity Release (where legal) within seven (7) days of date of attempted notification. Noncompliance within this time period may result in disqualification, and an alternate potential winner may be selected from the remaining eligible entries at Sponsors' sole discretion. If potential winner cannot be reached, if he/she is found to ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification or any prize correspondence is returned as undeliverable, potential winner will be disqualified and an alternate potential winner may be selected from the remaining eligible entries at Sponsors' sole discretion.
- PRIZES: One (1) Grand Prize Winner will receive ten thousand dollars ($10,000) awarded in the form of a check made payable to Grand Prize Winner. Ten (10) First Prize Winners will each receive one (1) Apple 8GB iPod® Touch. The approximate retail value of each First Prize is three hundred dollars ($300). The First Prize offer is not affiliated with Apple Inc. or any of its affiliates. Twenty (20) Second Prize Winners shall each receive one (1) Big Lots Gift Card worth fifty dollars ($50). First Prize will be awarded 'as is" with no warranty or guarantee, either express or implied by Sponsors. Second Prizes are subject to all limitations and restrictions imposed by Big Lots. The total approximate retail value of all prizes is fourteen thousand dollars ($14,000). Sponsors may take ninety (90) days or more to process prize delivery.
All prize details are at the sole discretion of the Sponsors. Each winner is solely responsible for all expenses and costs associated with acceptance and/or use of any prize, including, without limitation, any and all federal, state and local taxes. The value of each prize represents Sponsors' good faith determination of the maximum retail value thereof. For Form 1099 reporting purposes, each winner shall be bound by such good faith determination. Sponsors disclaim any and all liability for the actual provision, quality or nature of any product or service accepted by any winner. No transfer, substitution, assignment or cash redemption will be awarded in lieu of a stated prize except by Sponsors, who reserve the right to substitute a prize (or portion thereof) of comparable or greater value, at their sole discretion. In the event that any prize component is not available for any reason, then remaining elements of prize shall be awarded and shall constitute full satisfaction of Sponsors' prize obligation to winner(s) and no additional compensation will be awarded. If any winner cannot accept any prize as stated, the prize will be forfeited, and at Sponsors' discretion, an alternate winner may be selected.
- GENERAL RULES: Acceptance of prize constitutes permission to the Sponsors and its respective designees to use each winner's name, city, state, likeness, voice, biographical information and statements for purposes of advertising, promotion and publicity in any and all media, now or hereafter known, throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law. By participating, entrant (i) agrees to release and hold Sponsors, NBC Universal, Inc., their respective parents, affiliates, subsidiaries, shareholders and advertising and promotion agencies, and each of their respective directors, officers, employees and assigns (collectively, the "Released Parties"), harmless against any and all claims and liability arising in whole or in part, directly or indirectly, out of participation in the Sweepstakes or misuse, nonuse or use of the prize (including any travel or activity related thereto); (ii) waives all rights to claim punitive, incidental and consequential damages, attorney' fees or any damages other than actual out-of-pocket costs incurred to enter; (iii) agrees to be bound by these Official Rules and the decisions of the Sponsors, which are final and binding on all matters relating to the Sweepstakes; and (iv) agrees to waive any right to claim any ambiguity or error in these Official Rules or the Sweepstakes itself. Sponsors reserve the right (but are not obligated) to verify eligibility qualifications of any entrant or winner.
Released Parties are not responsible for incomplete, lost, late, stolen, damaged, inaccurate, illegible, misdirected, garbled, delayed or undelivered entries; for any computer, network, technical, mechanical, printing, typographical, human or other errors or problems of any kind relating to or in connection with the Sweepstakes, including, without limitation, errors or problems of any kind that may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement, delivery or use of any prize or in any Sweepstakes-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. CAUTION: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsors reserve the right to seek damages from any such entrant to the fullest extent permitted by law, including criminal prosecution.
If for any reason this Sweepstakes is not capable of being run or implemented as planned (as determined by Sponsors in their sole discretion), including, but not limited to, as the result of infection by computer viruses or bugs, tampering, unauthorized intervention, fraud, or any other cause of any kind, which, in Sponsors' sole judgment, is likely to or actually corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsors reserve the right, in their sole discretion, to cancel, terminate, modify or suspend all or any part of the Sweepstakes, or to disqualify any implicated entrant(s) (and their entries), and the prize(s) (or any portion thereof) may not be awarded. In the event of cancellation, termination, modification or suspension, Sponsors reserve the right, at their sole discretion, to pick winners in a random drawing from among all eligible, non-suspect entries received up to the time of the event or action warranting such cancellation, termination, modification or suspension, as applicable. In the event this Sweepstakes is cancelled prior to the stated end date, a notice will be posted at the Website.
In the event a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. "Authorized account holder" is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
- WINNERS' NAMES: For the names of the winners or a copy of the Official Rules, mail a self-addressed, stamped envelope to USA Network, Attn: Strategic Marketing, 30 Rockefeller Plaza, 1113E, New York, NY 10112. Be sure to specify "Big Lots Character Arcade Sweepstakes" on the outside of your envelope and indicate "Rules" or "Winners' List". Requests for the names of the prize winners must be received by December 23, 2009. Requests for copies of the Official Rules must be received by October 1, 2009. Vermont residents may omit return postage for Official Rules requests.
- NO WARRANTIES: Sponsors make no warranties covering any of the prizes furnished as part of this Sweepstakes.
- GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and the Released Parties in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of New York. If any controversy or claim arising out of or relating to the Sweepstakes, the Official Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in the County of New York, and administered by Judicial Arbitration and Mediation Services ("JAMS") in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the "JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in New York. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court. 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.
- PRIVACY: : The names and contact information of winners will be shared by Sponsors in order to contact winners for the purpose of fulfillment of prizes. Information supplied by entrants will be shared by Sponsors in accordance with their respective privacy policies, which are posted at www.usanetwork.com/privacy and at http://biglots.com/Club/club_privacy.aspx.