THE BBCAMERICA.COM TOP GEAR GIVEAWAY OFFICIAL RULES Please read these Official Rules carefully before entering the BBCAmerica.com T-shirt Design Poll Giveaway (the “Giveaway”).
NO PURCHASE NECESSARY TO ENTER.
1. ELIGIBILITY The Giveaway is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are eighteen (18) years of age or older at the time of entry. Employees of New Video Channel America, LLC (d/b/a BBC America), its subsidiaries, and its promotional partners, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Giveaway is subject to federal, state, and local laws and regulations and is void where prohibited by law.
2. SPONSOR The Giveaway is sponsored by New Video Channel America, LLC 1120 Avenue of the Americas, Fifth Floor, New York, NY 10036 (the “Sponsor”). 3. AGREEMENT TO OFFICIAL RULES Participation in the Giveaway constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules, the BBCAmerica.com Terms and Conditions, and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner. 4. ENTRY PERIOD The Giveaway begins on November 12, 2012 at 12:01 AM Eastern Time (“ET”) and ends on December 21, 2012 at11:59 ET (the “Entry Period”). Entries received prior to or after the Entry Period will be disqualified. The use of any agencies or automated software to submit entries will void all entries submitted by that person. 5. ENTRY During the Entry Period the Sponsor will post two polls on bbcamerica.com (the Website”) for users to choose their preferred Doctor Who t-shirt design. The first poll will be available from November 12, 2012 through December 3, 2012 and the second poll will be available from December 3, 2012 through December 21, 2012 (each a “Poll” and collectively referred to as the “Polls”). To enter the Giveaway, users will complete a poll and provide their email address and name in the form. There is a limit of one (1) entry per person per Poll. Subsequent entries for the same Poll will be void.
6. DRAWING On or about December 22nd, the Sponsor will select five potential winner(s) in a random drawing of the entries received for each Poll. Potential winners are only eligible to win one prize during the Giveaway. After a potential winner has been selected from the entries for a particular Poll, they are then disqualified from being selected from the entries received for the subsequent Poll. The odds of being selected depend on the number of eligible entries received. The Sponsor will attempt to notify the potential winner(s) within forty eight (48) hours after the drawing. If a potential winner does not respond within twenty four (24) hours after the first attempt to contact him/her, the Sponsor will select an alternate potential winner in his/her place at random from all entries received. 7. REQUIREMENTS OF POTENTIAL WINNERS
Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within fourteen (14) calendar days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, an alternate entrant will be selected in his/her place in a random drawing of all entries received. If a prize is valued at $600 or more, the potential winner will be required to fill out and return a W-9 form within fourteen (14) calendar days of being notified. 8. PRIZE(S) Each winner will receive a Doctor Who shirt of Sponsor’s choice with a Suggested Retail Price of $20 (the “Prize”). Five (5) Prizes will be awarded per Poll for an aggregate of Ten (10) Prizes awarded as part of the Giveaway.

No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the advertised prize is not available for any reason as determined by the Sponsor in its sole discretion. All Winners are responsible for all taxes associated with each individual prize. Once the Winner(s) have been selected and notified, the Winner(s) shall not be entitled to transfer or sell the Prize(s) to any other third party, even in the event that such third party would otherwise have been entitled to enter the Giveaway. Should a Winner sell or attempt to sell its Prize, the Winner will be disqualified and Sponsor will select a new Winner. The Prize(s) 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.

  1. PRIVACY All information submitted as part of this giveaway will be treated in accordance with the Sponsor’s Privacy Policy. By entering the Giveaway, an entrant agrees to receive promotional materials from the Sponsor. Entrants may opt-out of receiving promotional materials as set forth in the Privacy Policy.
  2. PUBLICITY
    Except where prohibited, participation in the Giveaway constitutes each winner’s consent to the Sponsor’s use of winner’s name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration,
  3. GENERAL CONDITIONS In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any entry, the Authorized Account Holder of e-mail address used to enter will be deemed the entrant. The Authorized Account Holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain name associated with the submitted e-mail address.
  4. RELEASE AND LIMITATIONS OF LIABILITY By participating in the Giveaway, entrants agree to release and hold harmless the Sponsor, its officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Giveaway or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
  5. DISPUTES Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Released Parties in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
  6. OFFICIAL RULES AND GIVEAWAY RESULTS A copy of these Official Rules and the name(s) of the winner(s) will be posted on the BBCAmerica.com website for up to ninety (90) days following the conclusion of the Giveaway.