BUZZTIME® 2013 SMARTEST BAR™ PROMOTION
NO PURCHASE NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE THE CHANCES OF WINNING.
1. ELIGIBILITY: The 2013 Smartest Bar Location Competition Promotion (the "Promotion") is open to Buzztime® Network locations in the 50 United States, the District of Columbia and Canada except in Michigan, Quebec province, Pennsylvania, New York, Rhode Island and Florida and where prohibited by law (each a “Location”). Buzztime Network locations in these excluded states and Quebec province are eligible to participate in the Promotion and be declared a winner, but are ineligible for prizes.* Employees and directors of NTN Buzztime, Inc. and NTN Canada, Inc. and its subsidiaries (collectively "Buzztime"), information providers, their affiliates, subsidiaries, advertisers, advertising agencies, promotional and marketing agencies and their immediate families and/or those living in the same household are not eligible to participate in the Promotion. Individual players are not eligible for this Promotion. See separate Player Sweepstakes Promotion Rules. All federal, state and local laws and regulations apply. By participating in this Promotion, each Location and Location personnel agree to be unconditionally bound by these Official Rules and that the decisions, interpretations and application of these Official Rules by Buzztime shall be final and binding in all respects.
2. PROMOTION PERIODS: Semi-Finals: There are two Semi-Finals Rounds. The first begins on Monday, April 1, 2013 at 6:00:01 p.m. Pacific Daylight Time (“PDT”) and continues through Monday, April 29, 2013. The second begins on Monday, June 10, 2013 at 6:00:01 p.m. Pacific Daylight Time (“PDT”) and continues through Monday, July 1, 2013. Semi-Finals Promotion games will be broadcast on April 1, 8, 15, 22 and 29 as well as June 10, 17 and 24 and July 1. Finals: The Finals Promotion period begins on Monday, August 12, 2013 at 6:00:01 p.m. Pacific Daylight Time (“PDT”) and continues through Monday, August 26, 2013. The Finals Promotion games will be broadcast on August 12, 19 and 26. Each of the foregoing broadcast dates is a “Game Date.” Buzztime may change this schedule or terminate the Promotion at any time with or without notice.
3. TO PLAY: During each Round of the Promotion Period, eligible Locations may participate by encouraging player participation in the Buzztime’s Smartest Bar SIX™ trivia game at their respective Locations on Game Dates. One login name per player. No purchase is necessary to sign up for Smartest Bar SIX trivia or to enter the Promotion. No money or other thing of value may be collected, charged, contributed or exchanged as a condition of play or participation in the Promotion.
Semi-Finals (Regional Winners): (April Round) For April each Location will be assigned to one of ten regions in Buzztime’s sole discretion. For each Game Date in the April Semi Finals round, “Location Scores” are determined by averaging the five (5) highest Playmaker® scores in each Location. In each region, the three Locations with the highest combined 4 out of 5 Location Scores during April will be deemed the Semi-Finals Winning Locations for April. In the event of a tie between Winning Locations in any region(s), ranking among the tied Locations will be determined by the highest single player score at such Locations during the April Semi-Finals Round and the highest-ranked 3 Locations in each region shall be the Semi-Finals winning Locations for April.
Semi-Finals (Regional Winners): (June Round) Locations that were deemed Semi-Finals winning Locations in April will not be eligible to win again in June. For June each Location will be assigned to one of ten regions in Buzztime’s sole discretion. For each Game Date in the June Semi-Finals round “Location Scores” are determined by averaging the five (5) highest Playmaker scores in each Location. In each region, the three Locations with the highest combined 3 out of 4 Location Scores during June will be deemed the Semi-Finals winning Locations for June. In the event of a tie between winning Locations in any region(s), ranking among the tied Locations will be determined by the highest single player score at such Locations during the June Semi-Finals Round and the highest ranked 3 Locations in each region shall be the Semi Finals winning Locations for June.
Semi- Finals (Regional Wild Card): (April and June) During each of the Semi-Finals period (April and June) in each region, the Location (excluding the winning Locations above) with the highest Participation Score in the Smartest Bar trivia game will receive a Wild Card berth to participate in the Finals Promotion and a Wild Card prize as described below. “Participation Score” is the total of all Smartest Bar trivia points earned at a given Location during the applicable Semi-Finals period. In the event of a tie, the Wild Card winner will be the Location with the highest single player score during the applicable Semi-Finals period.
Finals: (August) The Locations in all regions that won in the Semi-Final rounds (top three Location Scores in each region as well as the Wild Card Location in each region, for each Semi Final round) (collectively “Finals Locations”) will compete in the Finals Promotion. Locations other than Finals Locations can play in the Finals Promotion, but they will not be eligible for prizes and their scores will not be counted in determining winners. Location Scores are calculated, as before for each Game Date during the Finals Promotion. Final Score for each Finals Location will be the total of all 4 Location Scores during the Finals Promotion. The three Finals Locations (all regions) with the highest Finals Scores will be deemed the Finals Promotion winning Locations. In the event of a tie between winning Locations, ranking will be determined by the highest single player score during the Finals Promotion period for each Location and the highest-ranked 3 Locations will be the Finals Promotion winning Locations.
4. PRIZES*: Semi-Finals: (April and June) In each region the Location in first place will receive a Smartest Bar trophy, a party hosted by Buzztime at the Location for the players (up to $250) and five (5) Smartest Bar prize packs which may be distributed by the first place Location to its players or otherwise used for any lawful purpose. The approximate retail value (“ARV”) of each first place prize is $500.00. In each region the Locations in second place, third place and the Wild Card spot will receive a Smartest Bar trophy and five (5) Smartest Bar Prize Packs. The approximate retail value of each 2nd, 3rd and Wild Card prize is $250.00. (80 total winners combined for both semi-finals periods)
Approximate retail value of all Semi-Finals prizes in all 10 regions for each of April and June = $12,500.00, or $25,000 total (U.S.). Approximate Retail Values of prizes are just that, approximations and are not guarantees of price or value.
Finals: (August) The first place Finals Promotion winning Location will receive American Express gift cards in denominations determined by Buzztime ($1,500 total) which the Location may distribute to staff or otherwise use for any lawful purpose, a Smartest Bar Championship trophy, a Buzztime-hosted party at the location for the players (up to $500), Smartest Bar banner for the first-place winning Location, custom championship t-shirts ($500 value), and player photo & winners announcement displayed on Buzztime’s network for 2 weeks. Total ARV for the first place prize is $3,000. The locations in second and third place will each receive an American Express gift card for $500, a Smartest Bar trophy, Buzztime-hosted party at the locations for the players (up to $250) and player photo & winners announcement displayed on Buzztime’s network for 2 weeks. Total ARV for each 2nd and 3rd place prize is $1,000. (3 total Finals Promotion winners)
Approximate retail value of all Finals Promotion prizes = $5,000.00 (U.S.).
TOTAL APPROXIMATE RETAIL VALUE OF ALL PRIZES = $30,000.00 (U.S.).
Prizes are not exchangeable, transferable, or redeemable for cash. Winners must agree to abide by any restrictions in connection with the prizes, including the terms and conditions of the prize providers. Taxes, if any, are the winner’s responsibility. In the event of unavailability of prizes, Buzztime, in its sole discretion, reserves the right to substitute a prize of comparable value. Winners will have seven (7) calendar days from notification to accept the prize by email or U.S. mail to the address specified in the notification. Buzztime is not responsible for any late, lost, or misdirected notification, or for winners' unsuccessful efforts to claim any prize.
*Winning Locations in Michigan, Quebec province, Pennsylvania, New York, Rhode Island and Florida shall be eligible only to compete and receive the winning titles (i.e. 1st, 2nd, 3rd place, Wild Card) in all rounds but shall not be eligible to receive any prizes, which shall be deemed void and not awarded.
5. ODDS OF WINNING: This is a game of skill; winning is determined by the relative skill of the players.
6. WINNER VERIFICATION & CONDITIONS: As a condition of receiving any prize, potential winners may be required to: (a) verify their eligibility by providing Buzztime with reasonable identification, business, legal and location details (b) sign and return an affidavit of eligibility and (c) sign and return other legal documents, including tax forms, a publicity release as described below, and a full and unconditional liability release supplied by Buzztime, which, among other provisions, releases Buzztime and its subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, officers, directors, employees and related persons from any and all liability related to the Promotion and the receipt and use of the prize.
7. PRIVACY, USE OF PHOTO, IMAGE AND LIKENESS: By acceptance of prize, winners consent to the use and publishing of their individual and business name, home town, likeness, photograph or image, and voice by Buzztime for promotional purposes in all manner and media formats worldwide, in perpetuity, without further compensation to participants individually or jointly, unless prohibited by law. Winners may be required to complete, sign and return a Publicity Release within seven (7) calendar days of notification. Non-compliance with these provisions or return of any prize notification as undeliverable will result in disqualification and an alternate winner will be selected.
8. GENERAL: By participating in the Promotion, entrants agree to be bound by these Official Rules and by the decisions of Buzztime which are final and without recourse. This Promotion is subject to the laws of the United States. Void where prohibited by law. Buzztime’s broadcast schedule is subject to change at the discretion of Buzztime. Participants agree that Buzztime is not responsible for and Participant will defend and hold harmless Buzztime for any claim, demand, loss, injury, or damage to person or property due in whole or in part directly or indirectly to possession, acceptance, use or misuse of any prize or participation in the Promotion. All federal, state and local taxes are the responsibility of the winner. Buzztime is not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions, or technical failure, jumbled, scrambled or misdirected transmissions or other errors of any kind whether human, mechanical or electronic. Any Buzztime location whose VSAT connection, DSL connection or telephone line is not working properly may forfeit its chances to enter. Attempts, as solely determined by Buzztime, to abuse, cheat, circumvent or manipulate data or the Promotion will result in participant disqualification. In the event that the operation of the Promotion is compromised due to virus, bugs, non-authorized human intervention or any other causes beyond the control of Buzztime which corrupts, or impairs administration, security, fairness or proper conduct of the Promotion, Buzztime reserves the right, in its sole discretion, to suspend, modify or terminate the Promotion in its entirety and to disqualify any individual who tampers with the entry process.
9. ARBITRATION/CHOICE OF LAW: (a) Except where prohibited by law, each location and player (“Participant”) agrees that (1) any and all claims, disputes and causes of action relating directly or indirectly, to the Promotion, and use of the Buzztime equipment and programming shall be resolved individually, without resort to any sort of class action and exclusively by arbitration or alternative dispute resolution as selected by Buzztime to take place in the county of San Diego, California, (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, but in no event attorney’s fees; and (3) in no event will a Participant be entitled to obtain additional awards beyond out of pocket costs and participants hereby waive all rights to claim punitive, incidental and consequential damages, other than for actual out of pocket costs and hereby waives any and all rights to have damages or awards multiplied or otherwise increased. Except where prohibited by law, all issues and questions regarding the Promotion and interpretation and validity of these “Official Rues” and the decisions of Buzztime and its agents in connection with the Promotion shall be governed by the laws of the State of California without regard for conflict of laws doctrine. (b) Should any term of this rule or any other rule, term or condition of these Official Rules and any addendum or published notice referenced in these Official Rules be determined to be void, unenforceable or contrary to applicable law, such terms or conditions shall, but only to the extent necessary to bring the rule within the requirements of the law, be deemed to be severed from the other terms and conditions hereof and the remainder of the Official Rules shall remain in full force and effect. Buzztime reserves the right to amend these rules at any time with or without prior notice. Entry into the Promotion constitutes acceptance of these terms. Winners and Participants agree than any legal action arising in connection with the Promotion, whether in tort, contract or otherwise shall be heard exclusively in the courts of San Diego County, California.
10. WINNERS LIST: The winning Buzztime Network location names will be posted on www.buzztime.com at the conclusion of the promotion for a limited time. To obtain a copy of the winners list or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to: NTN Buzztime, Inc., Attn: B2B Marketing Dept., 2231 Rutherford Rd., Suite 200, Carlsbad, CA 92008-8830. Requests must be received no later than September 30, 2013.
This Promotion is sponsored by:
NTN Buzztime, Inc.
2231 Rutherford Rd., Suite 200
Carlsbad, California 92008-8830
Buzztime, Smartest Bar, the Buzztime’s Smartest Bar logo, SIX, Mobile Playmaker, PlayersPlus and Playmaker are trademarks or registered trademarks of NTN Buzztime, Inc.
American Express is not a sponsor of this promotion.