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The Somerset Collection Text Contest Rules.

POSTED: Wednesday, November 25, 2009
UPDATED: 3:00 pm EST November 25,2009

OFFICIAL RULES
The Somerset Collection Thansgiving Day Parade Gift Card Contest


NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Standard text messaging rates (as provided in your wireless rate plan) apply to each text message sent or received in connection with the Contest (defined below). (Contact your carrier for pricing plans and details). Online entries will be subject to standard Internet access and usage charges imposed by your Internet service provider.

1. Eligibility: The " Somerset Collection Thansgiving Day Parade Gift Card Contest " is open only to persons who, at the time of entry, are legal residents of, and are physically present in, Michigan and who are eighteen (18) years of age or older or can be a minor with expressed written permission by parent or legal guardian, allowing that individual to participate. If winner is less than 18 years old, a parent or legal guardian must accept or decline the prize. Employees of WDIV and/or those living in the same household of such employees are not eligible to participate or win. Employees of The Somerset Collection or any of its supporting sponsors are not eligible to participate to win. By entering the Contest, participants are bound by and agree to these official rules. All federal, state and local laws and regulations apply. Void where prohibited by law.

2. Contest Period: Announced within TV shows of the Sponsor; the date of the WDIV Channel 4 Thanksgiving Day Parade coverage is November 26, 2009; the entry time period will be from the start of the program or approximately 8AM Eastern Time until approx. 12PM Eastern Time.

3. How to Enter: There is no pre-registration details only to text the keyword to 89479. If you have a text messaging capable cell phone from a participating carrier and are the authorized account holder, you may enter the Contest once prompted to, by sending a text message to the short code (89479) with the keyword. Please use caution and do not disrupt traffic or drive in an unsafe manner while participating in the registration/entry process. "Authorized account holder" of a cellular phone is the natural person in whose name the phone has been issued and to whom services are billed. Potential winners may be required to show proof of being the authorized account holder.

5. Conditions for Participation and Validation of Entries: Entries generated by a script, macro, robotic or other automated means will be disqualified. USE OF COMPUTER PROGRAMS TO ENTER AND/OR OTHER AUTOMATIC ENTRY METHODS (SUCH AS HACKS OR BOTS), REGARDLESS OF METHOD OF ENTRY, IS STRICTLY PROHIBITED. Sponsor reserves the right to disqualify, and block 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 as determined by the Sponsor in its sole discretion. Sponsor also reserves the right, in its sole discretion, to cancel, modify or suspend the Internet, electronic and/or text-messaging portions of the Contest 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 its sole opinion, corrupt the administration, security, fairness, integrity, or proper operation of the Contest, or for any other reason. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Please note, by entering, you agree that if selected as a winner, Sponsor has the right to announce your name, home city, and state, and to air your voice on-air or on Sponsor's website. Sponsor and Administrators are not responsible for late, lost and/or incomplete entries, which will be disqualified.

6. Random Drawings: Sponsor and Administrators' decisions as to the administration and operation of the Contest and the selection of potential winners are final and binding in all matters related to the Contest. Sponsor and Administrators will randomly select the potential Contest winner, from all eligible entries within one week after the Contest Period ended.

7. Prizes: Five (4) randomly selected entrants will win one (1) $250 gift cards that are redeemable at The Somerset Collection. One (1) Grand Prize winner will be randomly selected and will receive one (1) $500 gift card that is redeemable at The Somerset Collection.

8. For All Prizes: The prize may not be redeemed or exchanged for cash, prize is non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. In the event a winner is deemed a minor in his/her state of residence, prize will be awarded in the name of parent/legal guardian. TOTAL ARV OF PRIZE: $1500 (Gross), Five (4) $250 gift cards and One (1) $500 gift card.

9. Winner Notification: Potential prize winner will be notified by phone. Sponsor and/or Administrators will make ONLY one (1) attempt to contact the potential prize winner at the phone number provided online or at the cell phone number used to enter within five (5) minutes from the time winner selection was accomplished and selected winner must agree (where permitted by law) to allow his/her name, home city and state and voice to be aired on-air or on Sponsor's website. If Sponsor and/or Administrators are unable to reach a potential prize winner via phone within this time frame, he/she will be disqualified and an alternate will be selected. The potential winner (or the parent/legal guardian if winner is a minor in his/her state of residence) will be required to execute and return a notarized affidavit of eligibility/release of liability and/or publicity release (where permitted by law) within five (5) days of attempted notification. If any potential winner cannot be contacted or fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if required), potential winner forfeits prize even though his/her name may have been shown/announced on air. If prize is returned as undeliverable, potential winner forfeits prize. In the event that a potential prize winner is disqualified for any reason, Sponsor will award the prize to an alternate winner, even if the disqualified potential winner's name may have been shown/announced on air. Odds of winning a prize depend on number of eligible entries received, and the number of times you enter the Contest, and is not dependent upon method of entry.

10. Publicity: Except where prohibited, participation in the Contest constitutes winner's consent (and parental or legal guardian's consent where winner is a minor) to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. Furthermore, such may be stated and announced on-air and on Sponsor's website.

11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Contest, or for any other reason, as determined by Sponsor in its sole discretion. 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 Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By entering, entrants fully and unconditionally agree and accept to be bound by these complete Official Rules and the decisions of Sponsor and Administrators, which shall be final. Sponsor has the right to modify these rules in their sole discretion for clarification purposes at any time without materially affecting the terms and conditions of the Contest. Entrants enter at their own risk. Sponsor and Administrators are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incorrect, incomplete, ineligible or unintelligible entries; (ii) telephone, electronic, hardware, software program, network, Internet or computer failures or difficulties; (iii) errors in transmission; (iv) any condition caused by events beyond the control of Sponsor and/or Administrators that may cause the Contest 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 Contest; or (vi) any printing or typographical error in any materials associated with these Official Rules or the Contest generally. Entrants assume all liability for any injury or damages caused or claimed to be caused by their participation in the Contest and/or the acceptance and/or use of any prize, and release Sponsor, Administrators, and all entities providing the prize, and their respective officers, directors, employees, parents, subsidiaries and affiliates from any and all such liability. Sponsor and Administrators and their respective officers, directors, employees, parents, subsidiaries and affiliates assume no responsibility for any injury or damage to participants or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with this Contest. PLEASE NOTE THAT A HIGH VOLUME OF ENTRIES, ONLINE OR BY SMS (TEXT MESSAGING), OR TECHNICAL DIFFICULTIES WITH THE SYSTEM, MAY RESULT IN TEMPORARY INABILITY TO ENTER THE CONTEST OR A DELAY IN THE PROCESSING OF ENTRIES SUCH THAT YOUR ENTRY IS NOT RECEIVED IN TIME TO PARTICIPATE. SPONSOR AND ADMINISTRATORS ARE NOT RESPONSIBLE OR LIABLE SHOULD ANY ENTRY NOT BE RECEIVED DUE TO SUCH DELAYS.

12. Limitations of Liability: The Sponsor, Administrators, and entities providing the prize are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any 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 Contest or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Contest play, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

13. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved exclusively by the appropriate court located in the state of Michigan; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses , and any and all rights to have damages multiplied or otherwise increased, to the extent allowed by law. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

14. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor's Privacy Policy which is available at http://www.clickondetroit.com/privacy/.

15. Contest Results: For Contest results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to the Sponsor's address. Requests for the winner list must be received within four weeks after the Contest Period has ended.

16. Sponsor and Administrators: The Sponsor of the Somerset Collection Thansgiving Day Parade Gift Card Contest is WDIV Local 4, 550 W. Lafayette, Detroit, MI 48226-3140. The Administrator of the Text Voting is HipCricket, 11241 Slater Ave. NE Suite 201, Kirkland, WA 98033. The Administrator of the online voting is Internet Broadcasting, 355 Randolph Avenue, St. Paul, MN 55102.


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