Official Rules
The E! After Lately Sweepstakes (the “Sweepstakes”)
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT
INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: The E! After Lately Sweepstakes (the “Promotion”) is open only to
legal residents of the FCC designated signal area of WHYI-FM who are at least 18 years
of age at the time of entry. Void in Guam, Puerto Rico, the U.S. Virgin Islands, and other
U.S. territories and possessions and where prohibited by law. Employees of WHYI-FM, or
any of its respective affiliates, subsidiaries, advertising agencies, or any other company
or individual involved with the design, production, administration, execution or distribution
of the Promotion and their immediate family (spouse, parents and step-parents, siblings
and step-siblings, and children and step-children) and household members (people who
share the same residence at least three (3) months out of the year) of each such
employee are not eligible. The Promotion is subject to all applicable federal, state and
local laws and regulations. Participation constitutes entrant’s full and unconditional
agreement to these Official Rules and Sponsor’s decisions, which are final and binding in
all matters related to the Promotion. Winning a prize is contingent upon fulfilling all
requirements set forth herein. The Promotion consists of a sweepstakes (the
“Sweepstakes”).
2. SPONSOR: WHYI-FM, 7601 Riviera Blvd., Mirimar, FL 33023. The Sponsor's
decisions are final and binding as to all aspects of this Sweepstakes.
3. SWEEPSTAKES ADMINISTRATOR: The Administrator of this Sweepstakes is
Impact Marketing & Promotions, 19236 Cammie Lane, Tarzana, CA 91356.
4. ENTRY: For purposes of these Official Rules (“Rules”), all times and dates refer to
Eastern Time and “Day” shall mean a Sponsor-selected period of twenty-four (24) hours
or less during any given separate and unique single calendar day commencing as of
12:01 A.M. February 28, 2011 through and including 11:59:59 P.M. on March 4, 2011
(“Term”). Sponsor will conduct one (1) separate sweepstakes for each weekday (“Daily
Sweepstakes”) beginning on February 28, 2011 (start date) and ending on March 4, 2011
(end date) by broadcasting periodic invitations for listeners to enter each of the five (5)
Daily Sweepstakes on-air or on-line. Sponsor is the official timekeeper for this Promotion.
ON-AIR ENTRY: You may enter on-air by listening to the Sponsor’s broadcasted
call-in instructions, calling-in pursuant to those instructions, following special instructions
if you are a designated caller (for example, being the first, fifth or twentieth caller, as the
case may be) and fulfilling any additional requirements identified on the Website. “Entry”
shall mean and refer to each On-air Entry.
5. LIMITATIONS: All Entries must be received no later than 11:59:59 P.M., March 4,
2011. Only one Entry per person/Address per Daily Sweepstakes, regardless of method of
Entry, or whether one person has more than one Address, or more persons than one use
the same Address. In event of a dispute regarding the identity of the person submitting an
On-line Entry, the Entry will be deemed to have been submitted by the person in whose
name the Address is registered. Entries by any method other than set forth in Section 2
above are void. Any use of an automated system, sweepstakes entry service or other
automated mechanism to submit Entries/place calls is prohibited and will result in
disqualification. Individuals who have, within the six (6) month calendar period
immediately prior to the Term, performed services in any capacity (including, but not
limited to, as employees, consultants, independent contractors and interns) for Sponsor
or E! Entertainment Television, Inc.; their respective parents, subsidiaries, affiliates or
successors, and/or the advertising, promotional or fulfillment agencies of any of them
(individually and collectively, “Promotional Entities”) and their immediate families (defined
as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews,
nieces, grandparents and in-laws, regardless of where they live) and members of their
households (whether or not related), are ineligible to participate. Neither the Promotional
Entities, nor any of their officers, directors, shareholders, employees, attorneys, agents or
representatives (individually and collectively, “Releasees”) are responsible for: [1] Entries by
persons residing, or physically located, outside the Territory; [2] Entries that are altered,
defective, delayed, deleted, destroyed, failed, fraudulent, improperly accessed, inaccurate,
incomplete, interrupted, invalid, late, lost, misrouted, multiple, not delivered, stolen,
tampered with, unauthorized or unintelligible; [3] any printing, production, technical,
electronic or other errors; [4] for lost, interrupted or unavailable network, server or other
connections; miscommunications of any kind; [5] failed phone, computer hardware,
software or telephone transmissions, or other technical failures; [6] unauthorized human
intervention; [7] telephonic or internet traffic congestion or capacity limitations; [8] garbled or
jumbled transmissions; [9] undeliverable e-mails resulting from any form of active or
passive e-mail filtering; [10] insufficient capacity in entrant’s e-mail account to receive email
and [11] any other errors of any kind, whether due to electronic, mechanical or human
error, or other causes, even if caused by the negligence of any of the Releasees. Each
Entry described in clauses [1] through [11] above will be disqualified. Void where prohibited
or restricted by law, and subject to all applicable federal, state, local and municipal laws and
regulations. Potential winners may be required to show proof of being the
authorized account holder. All entries become the sole and exclusive property of
Sponsor and will not be returned.
6. PRIZES:
Five (5) Daily Prizes (one for each Daily Sweepstakes) consisting of the following:
One (1) Apple iPad (16GB). (ARV: $499.00).
Total ARV of all prizes: $2,495.00 (USD). Limit one prize per person per Address. Prizes
are not redeemable for cash nor are they transferable. No substitution(s) will be allowed
except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. All
prizes will be awarded provided a sufficient number of eligible Entries are received and that
prizes are validly claimed by March 31, 2011, after which no alternate winners will be
selected, nor unclaimed prizes awarded.
7. PROCEDURES: Five (5) Daily Sweepstakes will be conducted during the Term.
Odds of winning each Daily Sweepstakes depend on the total number of eligible Entries
received for that Sweepstakes. Entries for each Daily Sweepstakes will not be eligible for
subsequent Daily Sweepstakes as there will be no carry-over of Entries from one Daily
Sweepstakes to the next Daily Sweepstakes.
8. CONFIDENTIALITY: Information provided by the winner is subject to the Privacy
and Terms of Use (TOU) policies of the Sponsor, which may be viewed on Website.
9. NOTIFICATION OF AND REQUIREMENTS FOR WINNERS: Potential Daily Prize
winners will be announced on-air on the day of their award or via email for winners that
enter online and be further notified by U.S. Mail on or about March 4, 2011. Disqualification
and the selection of an alternate winner may result from any of the following: [1] potential
winner’s failure to respond to notification within fifteen (15) business days after its mailing;
[2] the return of any notice or prize as undeliverable; [3] potential winner’s failure to provide
Sponsor with satisfactory proof that s/he is the authorized account holder of the Address
associated with a winning On-line Entry; [4] potential winner’s failure to claim a Daily Prize
within fifteen (15) business days after it is sent; [5] potential winner’s failure to validly claim
any prize before March 31, 2011.
10. CONDITIONS: By entering these Sweepstakes, each participant agrees that: [1]
s/he will abide by and be bound by the Rules and the Sponsor’s decisions with respect to
these Sweepstakes; [2] the Entry becomes solely the Sponsor’s property and will not be
acknowledged; [3] THE RELEASEES ARE NOT RESPONSIBLE FOR CLAIMS,
INJURIES, LOSSES OR DAMAGES OF ANY KIND RESULTING, IN WHOLE OR IN
PART, WHETHER DIRECTLY OR INDIRECTLY, FROM THE AWARDING, DELIVERY,
ACCEPTANCE, USE, MISUSE, POSSESSION, LOSS OR MISDIRECTION OF ANY
PRIZE; PARTICIPATION IN THESE SWEEPSTAKES OR IN ANY ACTIVITY OR TRAVEL
RELATED THERETO OR FROM COMPUTER DOWNLOADING ANY SWEEPSTAKES
INFORMATION; [4] THE PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE); [5] except where prohibited by law, winner’s acceptance of a prize constitutes
the grant of an unconditional right to use winner's name, address (city and state only), voice,
likeness, photograph, biographical and prize information and/or statements about the
promotion for any publicity, advertising and promotional purposes without additional
compensation; [6] Releasees shall not be liable to any winner or any person claiming
through such winner for failure to supply the prize or any part thereof, by reason of any
acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or
quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or
request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist
acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared),
fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor
dispute or strike (whether legal or illegal) labor or material shortage, transportation
interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other
cause beyond Releasees' sole control. [7] the Releasees are not responsible for
typographical or other errors in the offer or administration of these Sweepstakes, including
but not limited to: errors in the advertising, Rules, selection and announcement of the
winners and distribution of the prizes; [8] the Releasees are not responsible for any inability
of any winner to accept or use any prize for any reason; [9] Sponsor has the right to
disqualify any individual it finds to be tampering with the entry process or the operation of
these Sweepstakes, to be acting in violation of the Rules or applicable laws; or to be acting
in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or
harass any other person; [10] As any attempt by an entrant or any other individual to
deliberately alter or damage the Website or undermine the legitimate operation of these
Sweepstakes is a violation of criminal and civil laws, Sponsor shall have the right to seek
damages and all other available remedies against such person; [11] If any provision of the
Rules is found to be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed to be severed from the Rules and shall not affect the validity and
enforceability of the remaining provisions; and [12] Any dispute that arises regarding the
meaning and interpretation of the Rules shall be resolved by applying the laws of New
York, without regard to conflict of laws provisions therein, and shall be solely and
exclusively brought in the state or federal courts located within that state.
11. JURY TRIAL WAIVER: EXCEPT AS PROHIBITED BY LAW AND AS A
CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT HEREBY
WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY
LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN
CONNECTION WITH THIS SWEEPSTAKES, ANY DOCUMENT OR AGREEMENT
ENTERED INTO IN CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS
CONTEMPLATED HEREBY OR THEREBY.
12. PROMOTION RESULTS: For a copy of the Winner’s List, mail a self-addressed,
stamped envelope to: E! After Lately Winners’ List Request, c/o Impact Marketing &
Promotions, 19236 Cammie Lane, Tarzana, CA 91356 after March 11, 2011. Requests
received after September 30, 2011 will not be honored.
© 2011 E! Entertainment Television, Inc. All Rights Reserved.