November 23, 2020—December 5, 2020
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void in WBTS, NECN, and WNEU Geographic Viewing Area and where prohibited. The Primark and Boston Ballet Sweepstakes (“Sweepstakes”) will begin on November 23, 2020 at 9:00 A.M. ET and end on December 5, 2020 at 11:59 P.M. ET (“Sweepstakes Period”). All times in the Sweepstakes refer to Easter Time (“ET”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Sweepstakes is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal United States residents who are physically residing in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island or Vermont (collectively, the “WBTS, NECN, and WNEU Geographic Viewing Area”), and who are eighteen (18) years of age or older as of the start of the Sweepstakes Period. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include WBTS, NECN and WNEU, all located at 189 B Street Needham Heights, MA 02494, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112, (collectively, “Sponsors”), Primark US Corp., 101 Arch Street, Floor 3, Boston, MA 02110 and The Boston Ballet, Inc., 19 Clarendon Street, Boston, MA 02116 (collectively, “Prize Providers”), and each of their respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.
TO ENTER: You may enter the Sweepstakes through one (1) of the following entry methods:
- Facebook Entry: To enter the Sweepstakes, during the Sweepstakes Period, use your personal Facebook account to visit either the WBTS Facebook page located at http://www.facebook.com/nbc10boston, the NECN Facebook page located at http://www.facebook.com/necntv, or the WNEU Facebook page located at www.facebook.com/TelemundoNI (collectively, the “Facebook Pages”), access the “Sweepstakes,” “Promociones,” or “Enter for a chance to win!” tab (as applicable). Then, follow the provided instructions to complete and thereafter submit the entry form, which includes your full name, ZIP code, telephone number, and email address (“Facebook Entry”). A Facebook account is required to submit your Entry. If you do not already have a Facebook account, you can go to www.facebook.com to create a free Facebook account.
- Instagram Entry: To enter the Sweepstakes, during the Sweepstakes Period, use your personal Instagram account to visit one (1) of the following Instagram Pages: @nbc10boston Instagram page located at www.instagram.com/nbc10boston; @necntv Instagram page located at www.instagram.com/necntv; or @telemundoni Instagram page located at www.instagram.com/TelemundoNI (collectively, “Instagram Pages”) and click the “Follow” button to follow one (1) of the Instagram Pages. Then, use your personal Instagram account to visit @primark.usa Instagram page located at www.instagram.com/primark.usa and @bostonballet Instagram page located at www.instagram.com/bostonballet and click the “Follow” button to follow the @primark.usa and @bostonballet Instagram pages. Then, tag one (1) friend in the comments section of one (1) of the Sweepstakes’ post (“Instagram Post”) that will be posted on the Instagram Pages on November 23, 2020 on or about 9:00 A.M. ET (the “Instagram Entry”). If your Instagram account is set to the “Posts are Private” setting, your Instagram Entry may be disqualified and rejected as ineligible for consideration in the Sweepstakes. An Instagram account is required to enter the Sweepstakes via Instagram. If you do not already have an Instagram account, you can go to www.instagram.com to create a free Instagram account.
Facebook Entries and Instagram Entries may be collectively referred to herein as “Entry” or “Entries.” All Entries become the property of Sponsors and will not be acknowledged or returned. If you choose to submit an Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities.
Limit one (1) Entry per person during the Sweepstakes Period regardless of method. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified. Entries must be received before December 5, 2020 at 11:59 P.M. ET to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes.Entries that are incomplete, garbled, corrupted, fraudulent, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the Facebook account or Instagram account used to enter will be deemed to be the entrant. “Authorized account holder” of Facebook account is defined as the person who is assigned to a Facebook account by the Facebook website. “Authorized account holder” of an Instagram account is defined as the person who is assigned to an Instagram account by Instagram. Entry constitutes permission (except where prohibited by law) to use entrant’s name, Facebook and/or Instagram user name (as applicable), city, state, likeness, image, and/or voice 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, permission, or approval.
WINNER SELECTION AND NOTIFICATION: On or about December 7, 2020, one (1) potential winner (“Winner”) will be selected in a random drawing by representatives of Sponsors from all eligible Entries received during the Sweepstakes Period. Sponsors will make two (2) attempts to notify potential Winner via direct message to potential Winner’s Instagram account or if Facebook was the method of entry, via email or phone in order to obtain potential Winner’s mailing addresses. Sponsors may share potential Winner’s name and contact information with Sweepstakes Entities and/or any prize provider, as applicable, if necessary.PotentialWinner may be required to provide, execute and return any information or documents as requested by Sponsors, including, without limitation, an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsors’ sole discretion an alternate potential Winner may be selected from the remaining eligible Entries. If potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize (as defined below) or prize notification is returned as undeliverable, potential Winner will be disqualified and time permitting, at Sponsors’ sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries.
PRIZE: There will be one (1) prize awarded to Winner. Prize will consist of the following: one (1) one hundred dollar ($100) Primark USA gift card, one (1) invitation to virtually attend a Boston Ballet rehearsal (“Event”) between December 10, 2020 and March 31, 2021, on a date designated by Sponsors and/or Prize Provider in consultation with Winner, and a Nutcracker care package, which includes: one (1) pair of pointe shoes signed by a Boston Ballet dancer, one (1) Nutcracker bear ornament, one (1) Nutcracker bear t-shirt, one (1) 12” Nutcracker toy, and one (1) Boston Ballet coffee tumbler. Prize is subject to certain terms and conditions as specified by issuer. Restrictions may apply.
Estimated Retail Value (“ERV”) of Prize is four hundred five dollars ($405.00). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. For any Prize with an ARV of six hundred dollars ($600) or greater, Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the year in which Prize was won.
All details of Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsors’ sole discretion.
Winner must attend Event by March 31, 2021, or the Event portion of the Prize will be forfeited. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsors’ control and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Event is subject to change. Event is subject to cancellation. Sponsors and/or Prize Provider reserve the right to change the date and time of Event subject to production exigencies. Winner must comply with all applicable venue rules and regulations in connection with Prize.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities, Instagram, Facebook, and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on the Facebook Page and/or Instagram Page and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsors, which are binding and final.Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Facebook Page and/or Instagram Page. Sponsors may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsorsreserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
DISPUTES: The Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york. All proceedings brought pursuant to this paragraph will be conducted in the County of new york. 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.
WINNER ANNOUNCEMENT: For the name of the Winner, available after December 28, 2020, send a self-addressed, stamped envelope to be received by February 28, 2021 to: WBTS and NECN, The Primark and Boston Ballet Sweepstakes, “RULES” or “NAME OF WINNER” (specify which), Attn: Dulce Gutierrez Calvo, 189 B Street, Needham Heights, MA 02494.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook.