THIS SWEEPSTAKES HAS ENDED.
CW39 Houston Insiders Club Houston Ballet Nutcracker Market Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
a. The Sweepstakes is open only to permanent, legal U.S. residents or U.S. citizens residing in the CW39 Houston broadcast viewing area, which is defined as the following Texas counties: Austin, Brazoria, Calhoun, Chambers, Colorado, Fort Bend, Galveston, Grimes, Harris, Jackson, Liberty, Matagorda, Montgomery, Polk, San Jacinto, Trinity, Walker, Waller, Washington and Wharton, who are at least 18 years of age on the date of entry and possess a valid government-issued I.D. Void where prohibited and outside the listed counties.
b. Employees (and their immediate family members living in the same household) of KIAH-TV/CW39 Houston (“Sponsor”), the Houston Ballet Nutcracker Market and of their respective parents, subsidiaries and affiliates, are not eligible to enter or win. For purposes of this Sweepstakes, “immediate family members” means grandparents, parents, siblings, spouse, children, and grandchildren (including stepchildren) and their spouses.
c. Any member of a household who has won a prize in any KIAH-TV/CW39 Houston contest or sweepstakes since September 28, 2019 is ineligible.
2. HOW TO ENTER:
Sweepstakes begins on Monday, October 28, 2019 at 5:00 am (CT) and ends on Sunday, November 3, 2019 at 11:59 pm (CT) (the “Sweepstakes Period”). Sponsor’s clock will be the official timepiece of the Sweepstakes.
There are two ways to enter: via text or online. All entries must be received by Sunday, November 3, 2019 at 11:59 pm (CT).
Text entry: During the Sweepstakes Period, entrants will be solicited to send a text to 39239 with the word “MARKET” contained in the body of the text message. All entrants must have a text messaging two-way capable handset and digital service in order to enter the Sweepstakes using the text messaging method. Entrants will be sent a text message to confirm or reject entry into the Sweepstakes. Message and data rates may apply. Text messaging and wireless services are not available in all areas. Text STOP to stop and HELP for help. If any dispute arises as to the identity of any text entrant, the entrant will be considered the authorized account holder. “Authorized account holder” is defined as the natural person who is assigned a number by the cellular provider or as shown on the cellular provider’s records or the natural person authorized to use the number by an entity that is shown on the cellular provider’s records for that number. Only entries to the designated number and containing the word “Market” will be eligible. Sponsor is not responsible for inability to complete text within specified time whether due to busy lines, disconnections, telephone malfunctions or other circumstances.
Online entry: Viewers can enter online for free by going to CW39.com/category/contests and submitting their name, age, contact phone number and email address. A link to the free web method of entry will also be posted on Facebook.com/CW39Houston and Twitter.com/CW39Houston. Entries that do not include the required information will be disqualified. Sponsor is not responsible for faulty internet connections, unavailability of servers, any technical malfunctions, computer virus or damage caused to participant’s computer by accessing the Sweepstakes website.
Sponsor is not responsible for entries that are lost, late, misdirected, or illegible. Limit one entry per person per calendar day (a period of 24 hours) during the Sweepstakes Period, regardless of method of entry. Viewers cannot enter both online and by text message, or more than once by either method, on the same calendar day. Multiple entries on the same day will be voided if discovered by Sponsor. Any attempt to enter more than once per day by any means including multiple/different identities or registrations will void the entries and disqualify the entrant if discovered by Sponsor. Received entries become the property of KIAH-TV/CW39 Houston and will not be returned.
3. WINNER SELECTION, NOTIFICATION, AND VERIFICATION:
After the close of the Sweepstakes Period, five winners will be selected at random from all eligible text and online entries received. Odds of winning depend on the number of eligible entries. Sponsor will attempt to contact each selected winner by telephone on or about November 5, 2019. If there is no answer, Sponsor will attempt to leave a message. Potential winners must answer Sponsor’s phone call or respond to the voicemail message within one business day to acknowledge winning the prize. If a potential winner: cannot be contacted or does not respond to Sponsor’s message within one business day of the first notification attempt, does not provide required ID or sign and return required documents by the deadline set by Sponsor, does not meet eligibility requirements or is not in compliance with the Official Rules, or if he/she declines the prize, potential winner will be disqualified, and Sponsor may select an alternate winner by random drawing from among all remaining, eligible entries, time permitting. Winners must pick up their prize at KIAH-TV/CW39 Houston Studios located at 7700 Westpark Drive, Houston, Texas 77063 between the hours of 9:00 am and noon or between 1:00 pm and 4:00 pm (CT) by no later than November 8, 2019 and must show proof of eligibility (driver’s license, passport, voting card or similar government issued identification) at the time the prize is claimed. By entering, you agree that the Sponsor will be the sole and final judge of eligibility, winner verification and all other matters connected with the Sweepstakes, and its decisions will be final and incontestable.
There are five prizes. Each winner will receive four Early Bird tickets to the Houston Ballet Nutcracker Market at NRG Center on November 14-17, 2019. Approximate Retail Value (“ARV”) is $200.00 per winner. Total ARV of all prizes: $1,000.00. No substitute prizes will be awarded, except in the sole discretion of the Sponsor. Prize cannot be re-sold, is non-transferable and has no cash value. Winner is subject to all conditions printed on the tickets, and to all policies and rules of the Houston Ballet Nutcracker Market. Winners are responsible for all taxes on prizes, and for transportation to and from the Houston Ballet Nutcracker Market, meals, lodgings and all other expenses. Limit one prize per household.
5. OTHER CONDITIONS:
a. Execution of Affidavit and Release: Prize winners agree to sign and submit Sponsor’s prepared form of a release and waiver of liability in order to claim the prize. Guests (and parents or legal guardians of guests who are minors) may also be required to sign and return a release prior to accompanying winners to the Houston Ballet Nutcracker Market.
b. Use of winner’s name: By entering, each entrant grants permission, without further compensation, to Sponsor and the Houston Ballet Nutcracker Market and their agents, affiliates and licensees, to use the entrant’s name, voice, photograph, likeness and biographical material for broadcast, advertising and promotional purposes, without additional compensation, if the entrant is selected as a winner.
c. Release of Liability: By entering, entrants agree to release Sponsor, the Houston Ballet Nutcracker Market, Facebook, Twitter, their parent and affiliated companies, and their officers, directors, employees and agents from any claim, loss, liability, damage or injury of any kind or nature whatsoever, arising from or relating in any way to the entrant’s participation in this Sweepstakes or his or her receipt or use of the prize or related activities. Sponsor is not responsible for virus or other damage to entrant’s computer, cellular phone or other device from participation or attempts to participate in the Sweepstakes.
d. Other Conditions: Sponsor reserves the right to prohibit any entrant from participating in the Sweepstakes if, at its sole discretion, Sponsor finds such entrant to be tampering with the entry process or the operation of the Sweepstakes, or if such entrant shows a disregard for, or attempts to circumvent, these Official Rules, or acts: (a) in a manner the Sponsor determines to be not fair or equitable; (b) in an annoying, threatening, or harassing manner; or (c) in any other disruptive manner. Sponsor assumes no liability for (a) any incorrect or inaccurate entry information; or (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Neither the failure of Sponsor to insist upon or enforce strict performance of any provision of these Official Rules nor the failure, delay or omission by Sponsor in exercising any right with respect to any term of these Official Rules, will be construed as a waiver or relinquishment to any extent of Sponsor’s right to assert or rely upon any such provision or right in that or any other instance. If there is any conflict between any term of these Official Rules and any of the entry or marketing materials used in connection with the Sweepstakes, the terms of the Official Rules will govern.
If for any reason this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other cause, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof.
7. IN CASE OF DISPUTE:
As a condition of entering, entrants agree: (a) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or related to this Sweepstakes, or prizes awarded, will be resolved individually, without resort to any form of class action, and exclusively by the appropriate court in Harris County, Texas, to which participant submits to personal jurisdiction; and (c) any and all claims, judgments, and awards will be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you. Sweepstakes rules are governed and enforced pursuant to Texas law, excluding choice of law provisions.
8. SWEEPSTAKES RULES AND LIST OF WINNERS:
Official Rules are available at CW39.com/category/contests or by mailing a self-addressed, stamped envelope to KIAH-TV/CW39 Houston, 7700 Westpark Drive, Houston, Texas 77063. For a list of winners, send a self-addressed, stamped envelope, after November 5, 2019 and before December 15, 2019 to “CW39 Houston Insiders Club Houston Ballet Nutcracker Market Sweepstakes Winners,” at the same address.
KIAH-TV/CW39 Houston, 7700 Westpark Drive, Houston TX 77063.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook and Twitter.