PROMOTION DESCRIPTION: The Time Warner Cable Cup Contest (the “Contest”) entry begins on or about Sept. 25, 2009, at 12:01 a.m. Eastern Time (“ET”) and ends on Dec. 27, 2009, at 11:59 p.m. ET (the “Promotion Period”).  Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes.  By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Time Warner Cable – Albany Division 1021 High Bridge Road – Schenectady, NY 12019 (“Sponsor”), which shall be final and binding in all respects.

 

ELIGIBILITY: Only legal U.S. residents who are eighteen (18) years of age or older and reside in the Time Warner Cable – Albany, N.Y., service area.  Sponsor, Time Warner Cable Inc., Adirondack Phantoms, Albany River Rats and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Promotion Entities”) and the immediate family members, and/or those living in the same household of each, are ineligible to enter the Contest or win a prize.

 

HOW TO ENTER: To participate in the Contest, visit the web site www.timewarnercablecup.twalbany.com (the “Website”), complete the registration form with the information requested, and click “Submit" to submit your “Predictions” to a series of questions pertaining to the  “Eligible Rivalry Games” between the Adirondack Phantoms and the Albany River Rats currently scheduled to take place beginning Dec. 30, 2009, through April 3, 2010, (for a total of six (6) Rivalry Games).  All requested information on the registration form at the Website must be completed to participate 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 Contest 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, will be declared invalid and disqualified for this Contest.  The use of any device to automate the entry process is prohibited.

 

In the event a dispute regarding the identity of the individual who actually registered for the Contest 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 Contest or by any technical or human error which may occur in the processing of the entries in the Contest.  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) registration per person and/or per e-mail address per day.

 

WINNER SELECTION AND NOTIFICATION: After the Eligible Rivalry Games, the participant whose Predictions are closest to the actual outcome in the Eligible Rivalry Games will be declared the Grand Prize winner, subject to verification.  In the event of a tie, the participant whose Prediction to “total penalty minutes” is closest to the actual outcome will be declared the Grand Prize winner.

 

PRIZE/APPROXIMATE RETAIL VALUE:  One (1) Grand Prize is available.  The Grand Prize consists of four (4) tickets to the Adirondack Phantoms vs. Albany River Rats game on April 10, 2010, and one (1) replica team jersey from each team signed by current players on each team.  The approximate retail value (“ARV”) of the Grand Prize is $300.

 

GENERAL PRIZE CONDITIONS: No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if a prize listed, or any portion thereof, is unavailable for any reason. Prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.  Any potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be selected.

 

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 Contest.  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:  Acceptance of a prize constitutes prize winner’s permission for Sponsor 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 Contest or any Contest-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.  Sponsor 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 Contest, 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, Sponsor 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.  Sponsor 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 Contest 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 Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor 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.  Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Contest.  If the Contest is terminated before the designated end date, Sponsor will (if possible) select a Grand Prize winner based on each participant’s point total as of the date of the event giving rise to the termination. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor.  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 SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK 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: Time Warner Cable Cup Contest Winner, Time Warner Cable – Albany Division 1021 High Bridge Road ~ Schenectady, NY 12019..  All such requests must be received within six (6) weeks after the end of the Promotion Period. 

 

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