The Time Warner Cable
Digital Phone Gas Sweepstakes
OFFICIAL
RULES
NO PURCHASE
NECESSARY
PROMOTION
DESCRIPTION: The Time Warner Cable Digital
Phone Gas
Sweepstakes (the “Sweepstakes”) begins on or
about June 23, 2008 at 12:01 a.m. Eastern Time (“ET”) and
ends on August 31, 2008 at 11:59 p.m. ET (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 Southwest Ohio Division,
ELIGIBILITY: Only legal
HOW TO
ENTER:
To
enter the Sweepstakes, individuals who reside within the Time Warner Cable
Southwest Ohio Division service area who sign up as a new subscriber of Time
Warner Cable Nationwide Digital Phone service during the Promotion Period will
automatically receive one (1) entry into the Sweepstakes.
To
enter without making a purchase, visit the web site www.twcinci.com (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 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 for this
Sweepstakes.
The use of any device to automate the entry process is
prohibited.
All
entries, regardless of method of entry, 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 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 per 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 telephone and/or mail and/or 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/APPROXIMATE RETAIL VALUES:
One
(1) Grand Prize is available. The Grand Prize consists of a $2,000 gas card
from a Sponsor designated retailer.
One
(1) First Prize is available. The First Prize consists of a $500 gas card from
a Sponsor designated retailer.
One (1) Second Prize is available. The
Second Prize consists of a $100 gas card from a Sponsor designated retailer.
Gas
cards are subject to the terms and conditions imposed by the Sponsor designated
retailer.
GENERAL PRIZE
CONDITIONS: No cash alternative or prize
substitutions will be allowed, except Sponsor reserves the right to substitute
prizes of comparable value if a prize listed is unavailable for any reason.
Applicable portions of the prizes will be delivered only to an address in the
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 Time Warner Cable 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. Time Warner Cable
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, Time
Warner Cable 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. Time Warner Cable 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
Time Warner Cable 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. Time Warner Cable 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
Time Warner Cable’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 Time Warner
Cable 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 Time Warner Cable’s
control (each a “Force Majeure” event or
occurrence), then subject to any governmental approval which may be required,
Time Warner Cable shall have the right to modify, suspend, or terminate the
Sweepstakes. If the Sweepstakes is terminated before the designated end date,
Time Warner Cable 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 Time Warner Cable. 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 TIME WARNER CABLE IN CONNECTION WITH THE
SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL
LAWS OF THE STATE OF OHIO 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: Any legally required winner’s
list may be obtained by sending a self-addressed, stamped envelope
to The Time Warner Cable
Digital Phone Gas Sweepstakes Winners, c/o Time Warner Cable
Southwest Ohio Marketing,