GSN LIVE
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN
FOR ENTERTAINMENT PURPOSES ONLY, VOID WHERE PROHIBITED
YOU MUST BE A LEGAL RESIDENT OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AND 18 YEARS OF AGE OR OLDER TO ENTER
1. Introduction: Welcome to the Official Rules (or "Rules") governing viewer participation in GSN Live on GSN (the "Promotion"). Each televised episode of "GSN Live" is referred to in these Rules as a "Program." If you choose to enter the Promotion by calling the 1-888-4-GSN-LIVE telephone number or by visiting www.GSN.com, you are referred to in these rules as an "Entrant". An Entrant's entry into and participation in the Promotion will be strictly governed by these Rules. These Rules detail the circumstances in which the Sponsor can disqualify an Entrant's entry and/or withhold any Prize if the Sponsor believes that an Entrant has breached any of these Rules. By entering the Promotion, each Entrant unconditionally accepts and agrees to be bound by these Rules and the decisions of the Sponsor, which shall be final and binding in all respects, including without limitation, their interpretation of these Rules and the operation of the Promotion and each Program.
2. Promotion Period: The Promotion begins on May 24, 2008 at 12:00 p.m. (ET) and ends on June 30 , 2008 at 2:45 p.m. (ET) (the "Promotion Period"). The Sponsor reserves the right to extend or reduce the number of weeks the Promotion will air on GSN. Entries may only be made during televised episodes of the Program between these dates.
3. Eligibility: The Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia who, at the time of entry, are physically present in the United States, and who are eighteen (18) years of age or older. Officers, directors, employees and production personnel of Game Show Network, LLC, Fun Technologies Inc., Sony Pictures Entertainment Inc., Liberty Media Corp., Telescope, Inc., their advertising and promotion agencies, and their respective subsidiaries, divisions, affiliates and related companies, the immediate family members and those living in the same household (whether related or not), of such officers, directors and employees, and any person whose access to GSN.com has been terminated or suspended by Game Show Network, LLC, are not eligible to participate or win. By participating in the Promotion, Entrants unconditionally accept and agree to be bound by these Rules and the decisions of the Sponsor, which shall be final and binding with respect to all aspects of the interpretation of these Rules and operation of the Promotion and the Program.
4. Sponsor: The Sponsor of the Promotion is Game Show Network, LLC, 2150 Colorado Avenue, Santa Monica, CA 90405, www.GSN.com.
5. GSN Live Format: Each Program consists of live interstitial programming broadcast weekdays between the hours of 12:00 pm. and 3 p.m. (ET) and around GSN's three hour block of classic game shows (the "GSN Live Program Block"). The Program will feature live games and challenging competitions in which Entrants are given the chance to solve a puzzle, riddle or answering a general knowledge, pricing or trivia question (each, a "Game") live on air during a televised Program. A Game will appear during each hour of the Program along with a description of merchandise or gift certificate (the "Prize") to be awarded to the eligible Entrant who is selected to play live on air and correctly answers/wins the Game. For some Games, a range of possible answers may be provided. Some Games are susceptible to more than one correct answer, but only the answer designated as the winning correct answer by the Sponsor prior to airing of the Game will be accepted as the winning answer for purposes of the Promotion.
For any Game during the GSN Live television block, there are two ways to enter: (i) the toll free telephone number 1-888-4-GSN-LIVE (1-888-447-6548) which will be displayed on screen and communicated by the on-air host of the Program (the "Host") or (ii) entering via the www.GSN.com/live website at no cost - except for your Internet service provider's charges, if any. Please note:
(a) Entries into each Game will be accepted only when solicited by the Host during a designated time period between the start and end of each hour of the Program.
(b) Each individual Game begins with the Host's announcement that the Game is open and entries are being accepted, and ends when the Host announces that entries are no longer being accepted or the Game is closed.
(c) Entries submitted via the toll-free telephone number or online are entered into the same random selection process for the opportunity to answer the applicable Game live on air. Those not selected will not have an opportunity to answer the Game or win the Prize.
(d) The Sponsor will randomly select one or more Entrants to enter a queue and then the Sponsor will randomly select an Entrant in the queue to answer the Game live on air. At the Sponsor's discretion, if selected from the queue, Entrants may be limited to only 1 attempt at correctly answering a Game (or questions if a Game has more than 1 question) live on air per broadcast of a Program.
(e) If the Host indicates on air that the Entrant has answered the Game correctly live on air, he or she will be the declared the potential winner ("Potential Winner"), subject to verification of the answer and completion of an Affidavit of Eligibility and Release described in Rule #8 below. Unless the Sponsor elects in its sole discretion to keep entry to a particular Game open after an Entrant correctly answers the Game live on air, all remaining Entrants in the queue will be advised by the Host that entry into the Game has ended and will not receive an opportunity to answer the Game live on air or win the applicable Prize. If an Entrant who is selected to answer a Game live on air fails to provide the correct answer to the Game live on air, the Game will end and the applicable Prize will not be awarded unless the Sponsor elects in its sole discretion to keep entry to a particular Game open. Only the answer given by the Entrant live on air after being prompted by the Host to give the answer will be considered. Statements made at any other time will not be considered to be the Entrant's answer unless the Host announces an exception on-air.
(f) After the first Game is correctly answered by an Entrant, the Host may display another Game and the entry process will begin again. Entry into one Game does not constitute entry into any subsequent Game unless the Host announces an exception on-air.
(g) By entering, each Entrant agrees to the use of his or her name, city and state of residence, image, voice, biographical information, statements and any other information provided by such Entrant live on air during the Program, as well as to the posting of such information and the Prize won by such Entrant at www.GSN.com or for any commercial or promotional purpose by GSN should the Entrant be declared an "Official Winner" (defined below).
(h) Odds of being selected to answer a Game on air, and answering the Game correctly, depend respectively upon the number of Entrants for such Game, and the skill of the selected Entrant(s) in responding to such Game. The length of the entry period for each Game may vary based on the GSN Live Program Block schedule, commercial breaks, banter between the Host and callers, guests or production staff, interruptions, taking time to read emails from viewers or other reasons.
6. How to Enter "GSN Live":
Method 1 - Free Method of Entry Without Purchase - Toll Free Telephone Number:
(a) Using your wireless phone or landline, call
1-888-4-GSN- LIVE (1-888-447-6548). Please note that calls made from payphones and outside of the 50
(b) An Entrant will hear a pre-recorded message from the Sponsor stating that he or she may be contacted if chosen from a random selection process for a chance to answer the Game live on air. By submitting an entry through any of the available methods of entry, the Entrant consents to receive a call from the Sponsor at any time during the Program underway regarding participation in a given Game.
(c) The Sponsor will call one or more Entrants, chosen at random from all Entrants who have entered a given Game via all accepted methods, by telephone at the number provided by Entrant and ask that the Entrant(s) remain on the line for a chance to answer the Game live on air. Each such Entrant will be placed in a queue of Entrants who are ready to play. Entries submitted via the toll free telephone number are entered into the same random selection process as entries submitted via the on-line method of entry.
1. The Sponsor will then randomly select an Entrant from the queue to answer the Game live on air.
2. If selected by the Sponsor to go live on air, the Entrant will be transferred to the Host of the Program to provide his/her answer to the given Game.
3. In the event an Entrant in the queue hangs up or otherwise gets disconnected or the Program operator is unable to contact an Entrant in the first instance via the telephone number provided by the Entrant in his or her entry for any reason (including but not limited to a busy tone being received, "number not known" message received, answer machine message received or human error) or if the telephone number provided by the Entrant is not recognized by the Program operator's computer system, another Entrant will be randomly selected from the queue to answer the Game live on air, as applicable. If there is a dispute as to the identity of any Entrant, the entry in question will be deemed submitted by the person who answers the Sponsor's telephone call. If a dispute cannot be resolved to the Sponsor's satisfaction, the applicable entry will be deemed ineligible.
4. Entrants who enter via the toll free telephone number and who are not the account holder of the wireless device or landline by which they enter must ask the permission of the person who is responsible for the account before entering via the toll free telephone number. Any Entrant who does not obtain such permission will be deemed ineligible to win a Prize and agrees to indemnify the Sponsor from and against any claims, costs and liabilities arising out of his or her failure to get such permission.
Method 2 - Free Method of Entry Without Purchase Online:
(a) To enter for the chance to answer the Game on air without using a telephone, Entrants must register as a user on www.GSN.com and complete the entry form at www.GSN.com/live. Use of the GSN.com website is subject to the Terms of Service posted at GSN.com.
(b) In completing the entry form at www.GSN.com/live Entrants will be required to supply their telephone number at which they wish to be contacted if chosen to answer the Game live on air. By providing a telephone number, the Entrant consents to receive a call from the Sponsor at any time during the applicable Program underway regarding participation in a given Game.
(c) The Sponsor will call one or more Entrants, chosen at random from all Entrants who have entered a given Game via all accepted methods, by telephone at the number provided and ask that the Entrant(s) remain on the line for a chance to answer the Game live on air. Each such Entrant will be placed in a queue of Entrants who are ready to play. Entries submitted via the Internet are entered into the same random selection process as entries submitted via the toll free telephone number method.
(d) The Sponsor will then randomly select an Entrant in the queue to answer the Game live on air.
(e) If selected by the Sponsor to go live on air, the Entrant will be transferred to the Host of the Program to provide his/her answer to the given Game.
(f) In the event an Entrant in the queue hangs up or otherwise gets disconnected or the Program operator is unable to contact the Entrant in the first instance via the telephone number provided by the Entrant for any reason (including but not limited to busy tone being received, "number not known" message received, answer machine message received or human error) or if the telephone number provided by the Entrant is not recognized by the Program operator's computer system, another Entrant will be randomly selected from the queue to answer the Game live on air, as applicable. In the event of a dispute as to the identity of any Entrant, the entry in question will be deemed submitted by the person who answers the Sponsor's telephone call. If a dispute cannot be resolved to the Sponsor's satisfaction, the applicable entry will be deemed ineligible.
7. Conditions for Participation and Validation of Entries: Entries generated by a script, macro or other automated means will be disqualified. Entrants may enter up to 10 times per hour of the GSN Live Program Block, per Program, per method of entry (for a maximum number of 20 entries per hour of the GSN Live Program Block and 60 entries per day, if using both the toll free telephone number method and the online method), systems permitting; however, at the Sponsor's discretion, Entrants may be limited to only 1 attempt at correctly answering a Game (or questions if a Game has more than 1 question) live on air per broadcast of a Program, regardless of the number of entries submitted. USE OF COMPUTER PROGRAMS AND/OR OTHER AUTOMATIC ENTRY METHODS, (SUCH AS HACKS OR BOTS), AS A METHOD OF ENTRY IS STRICTLY PROHIBITED. Without in any way waiving any of their other rights or remedies, the Sponsor reserves the right to disqualify, block and/or discard any entries from any individual who enters by any kind of electronic, mechanical or other automated means or otherwise tampers with or hacks the entry process or acts in a disruptive or unsportsmanlike manner as determined by the Sponsor in its sole discretion. The Sponsor also reserves the right, in its sole discretion, to cancel, modify or suspend the Internet and/or telephone portions of the Promotion in the event of a computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failure or disruption, force majeure or any other causes which, in their sole opinion, corrupt or undermine the administration, security, fairness, integrity, or proper operation of the Promotion.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
(a) The Sponsor reserves the right to exclude any Entrant from participating in the Promotion in the event that the Sponsor believes, in its sole discretion, that such Entrant may be using technology or a collection of technologies or any other unsportsmanlike methods to gain an unfair advantage over other Entrants, including but not limited to speed dialing hardware and software, answer database, automated dialing hardware and software and computer programs intended to automatically fill out website forms, or if the Sponsor determines that an online Entrant has failed to comply with the Terms of Service at GSN.com.
(b) The Sponsor also reserves the right to withhold the Prize in the event that the Sponsor determines, in its sole discretion, that a Potential Winner has breached or violated these Rules and/or has engaged in fraudulent conduct.
(c) In the event of any dispute, the Sponsor reserves the right to use their own technical logs and computer records and any other available information to determine whether a successful Entrant should be awarded a Prize.
8. Winner of "GSN Live": As each Game is presented, the Host will explain how to play and other details. If the Sponsor decides, in its sole discretion, that modifications of the Game are warranted after the Game is first announced, (e.g., increasing the number of attempts an Entrant may have to answer a Game, increasing the value of the applicable Prize, providing clues to the correct answer) such modifications will be announced by the Host on air. Answers to Games that refer to a list of "top" things are based on surveys conducted by the Sponsor, on behalf of the Sponsor or according to a specifically identified resource (which will be identified by the Host in any such Game). An Entrant who the Host identifies as having correctly answered a Game live on air is the Potential Winner subject to the Sponsor's verification of the answer given, and the execution by the Potential Winner of an Affidavit of Eligibility attesting to the Potential Winner's compliance with these Rules, a Release of liability, a W-9 if requested; and where permitted a publicity release, all within ten (10) calendar days from receipt of such documents from GSN. Such Potential Winners will be required to provide proof of identity, age and status as the account holder of the telephone number used, and status as the account holder of the email address provided in the online entry, if entry was via the online method. In the event that the Potential Winner is considered a minor or under the age of majority under the laws of his or her state of residency, the Prize will be awarded in the name of the Potential Winner's parent or legal guardian. Winners are responsible for paying and reporting all taxes on the Prize. At such time all of the foregoing requirements are deemed satisfied by Sponsors, the Potential Winner shall be deemed the "Official Winner." PRIZE LIMIT: Entrants may be limited to a maximum of 1 Prize every 30 days.
9. General Conditions:
a. Entry is only possible during live broadcasts of the GSN Live Television Block on GSN, currently from 12 p.m. to 3 p.m. (ET) on Mondays, Tuesdays, Wednesdays, Thursdays, and Fridays.
b. By entering, Entrants fully and unconditionally agree and accept to be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects. The Sponsor has the right to modify these Rules in its sole discretion for any purpose.
c. Except where
prohibited, each Entrant grants to the Sponsor and its advertising agencies the
right to use and publish his or her name, image, voice, statements, biographical
information, and city and state of residence, and announce on-air during
GSN Live and on GSN.com the Potential Winner's name and city and state of
residence in any media to promote the Sponsor, GSN Live, and GSN without
notification or any additional compensation.
d. Entrants play at their own risk. The Sponsor and its parent, subsidiary and affiliated companies and each of its respective officers, directors and employees assume no responsibility for any injury or damage to Entrants or any other person, or to Entrant's or any other person's computer or telephone equipment relating to or resulting from entering, participating in or downloading materials or software in connection with this Promotion, and make no guarantee that any particular wireless service provider will participate in the Promotion. Without limiting the foregoing, the Sponsor and its parent, subsidiary and affiliated companies and each of its respective officers, directors and employees are not liable or responsible for, and each Entrant hereby agrees that none of the foregoing persons or entities shall be responsible or liable for: (i) late, lost, delayed, damaged, stolen, misdirected, incorrect, incomplete, ineligible or unintelligible entries; (ii) telephone, electronic, hardware, software program, network, Internet or computer failures or difficulties; (iii) errors in transmission, computer systems, satellites, servers, wireless, cable, telephone or other networks, websites, ISPs, telephone lines, hardware or software malfunctions, or other errors, failures, unavailabilities, dropped telephone or computer connections that are human and/or technical in nature; text applications or other connections; for miscommunications, failed, jumbled, scrambled, delayed or misdirected computer, telephone or cable transmissions; or for technical malfunctions, failures or difficulties, printing errors, clerical, typographical or other errors of any kind or nature; or for the incorrect or inaccurate capture of information; (iv) any condition caused by events beyond the control of the Sponsor that may cause the Promotion to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind caused by a Prize or resulting from acceptance, possession, use or misuse of a Prize, or from participation in the Promotion or any damage to an Entrant's computer system or wireless or fixed line telephone that is directly or indirectly caused by accessing the website - www.GSN.com- or using the toll free telephone number or otherwise participating in the Promotion; or (vi) any printing or typographical error in any materials associated with these Official Rules or the Promotion generally. Entrants assume all liability for any injury or damages caused or claimed to be caused by his or her participation in the Promotion and/or the acceptance and/or use of any Prize, and release the Sponsor and its respective officers, directors, employees, parents, subsidiaries and affiliates from any such liability.
PLEASE NOTE THAT A HIGH VOLUME OF ENTRIES OR TECHNICAL DIFFICULTIES WITH THE SYSTEM MAY RESULT IN TEMPORARY INABILITY TO ENTER THE PROMOTION OR A DELAY IN THE PROCESSING OF ENTRIES SUCH THAT YOUR ENTRY IS NOT RECEIVED IN TIME TO PARTICIPATE IN A PARTICULAR GAME OR AT ALL. THE SPONSOR IS NOT RESPONSIBLE OR LIABLE SHOULD ANY ENTRY NOT BE RECEIVED DUE TO SUCH DIFFICULTIES OR DELAYS.
e. Other than disputes at the time an Entrant is called by the Sponsor (which are addressed in Paragraph 6 above), in the event of a dispute as to the identity of an Entrant, the authorized account holder of the cellular phone line, landline or email address used to enter, if applicable, will be deemed to be the Entrant. "Authorized account holder" of a cellular phone or landline is the natural person in whose name the phone and/or phone number has been issued and to whom services are billed. "Authorized account holder" of an email address is defined as the person who is assigned to an email address by an Internet Access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. If a dispute as to the identity of any Entrant cannot be resolved to the Sponsor's satisfaction, the applicable entry will be deemed ineligible.
f. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and the Sponsor in connection with the Promotion, shall be governed by and construed in accordance with the laws of California 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 California. Sponsor's decisions as to all matters related to the administration of the Promotion and selection of the Prize winners are final.
g. FCC/Defamation Release: Each Entrant who appears on air during a GSN Live Program represents and warrants that he or she will not do anything deemed indecent or obscene while on the air and that he or she has not accepted or given, and will not accept or give, directly or indirectly, any money, service or other valuable consideration from or to anyone for the inclusion of any matter in the GSN Live Program. Further, each Entrant hereby irrevocably releases the Sponsor from any and all claims, costs, injuries, losses, or damages related to or based on such Entrant's rights of publicity or privacy, or such Entrant's claim that he or she has somehow been defamed, slandered, libeled or otherwise portrayed in a false light.
h. Disclaimer of Warranties: 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 Promotion. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND/OR NON-INFRINGEMENT.
i. Arbitration Provision: By participating in this Promotion, each Entrant agrees that: (1) Any claim, dispute, or controversy (whether in contract, tort, otherwise) that they may have with, or claims they may have against, the Sponsor arising out of, relating to, or connected in any way with the Promotion, the awarding or redemption of Prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by private, final and binding arbitration. The arbitration will be conducted in accordance with the American Arbitration Association's ("AAA") Commercial Arbitration Rules as modified by the terms of this Agreement. If an Entrant has any questions about the AAA, such entrant may visit the AAA's website at www.adr.org. The arbitration shall take place in Los Angeles, California before a single arbitrator and shall be conducted in strict confidence.
The arbitrator selected shall be well acquainted with the entertainment industry, and shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of California or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules, and any other agreements the applicable entrant may have entered into with the Sponsor in connection with the Promotion, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees.
Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party fails to appear at the hearing on the date designated in accordance with the rules of the AAA, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte.
If you do not agree to these requirements, please do not participate in the Promotion. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
10. Use of Data: The Sponsor will be collecting personal data about Entrants who enter online, in accordance with its privacy policy. Please review GSN's privacy policy at http://www.gsn.com/corporate/privacy.php. By participating in the Promotion, entrants hereby agree to GSN's collection and usage of their personal information and acknowledge that they have read and accepted GSN's privacy policy.
11. Winners' List: A complete winners' list will be posted online at www.GSN.com/Live.