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Midnight Money Madness - Terms and Conditions

MIDNIGHT MONEY MADNESS

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

  1. The Program: Games (as defined in Rule 2 below) will be played during the television program called "Midnight Money Madness" (the "Program") which is scheduled to be broadcast live Monday through Thursday between 12:00:01am ET and 2:00:00am ET and between 12:00:01am PT and 2:00:00am PT (each such period, a "Program Period") from August 29, 2006 to October 19, 2006 by Turner Broadcasting System, Inc. (the "Broadcaster"). Actual broadcast times may vary. Check local television listings for broadcast times in your area. Separate Games will be conducted during the live broadcast of the Program in the Eastern and Pacific time zones. Eligible viewers may register to participate in Games included in any live broadcast of the Program. The Program is produced by, and each Game is sponsored by, Endemol USA, 9255 Sunset Blvd Suite 1100, West Hollywood, CA 90069 (the "Producer").

  2. The Game: At a specified time during the broadcast of each Program to be determined by Producer in its sole discretion, the host of the Program (the "Host") will announce the start of a trivia question game (a "Game") and solicit viewers to register for a chance to participate in the Game. The Game begins with the Host's announcement and ends when the Host announces that the question has been answered correctly or, if earlier, the Program Period ends (the "Game Play Period"). Games are played only during each Program Period. Once one Game ends, the Producer, in its sole discretion, may decide to commence another Game. The number of Games played in any Program Period will be determined by the Producer during each Program Period in its sole discretion.

  3. To Register to Play a Game: You may register to play a Game once the Host has announced the beginning of the Game. You must register separately for each Game, regardless of your method of registration; registrations for one Game will not be combined with registrations for any other Game. Each viewer who registers to participate in a Game is referred to herein as a "Registrant." There are three ways to register: (1) via the Internet; (2) via text messaging; and (3) via a 900 telephone number.

    1. Method #1: Via the Internet - Go to http://www.gameplayathome.com (the "Website"), follow the on-screen instructions to register for free, and click "Submit".

      Registrants will be required to supply their telephone number (including area code), full name and email address. Information collected from Registrants is subject to the Privacy Policy found at www.gameplayathome.com

    2. Method #2: Via Text Messaging At the time the Host announces the beginning of a new Game, the Host will provide viewers with a keyword for that Game (the "Keyword"). During the Game Play Period for that Game, you may register by text message by sending the announced Keyword ("M", "Money" or "MMM", as applicable), to the short code 44044. A premium text message charge of $0.99 will apply, in addition to the standard text messaging rates.

      If you have a text messaging capable cellular phone from a participating carrier, during the Game Play Period you may enter by sending the announced Keyword ("M", "Money" or "MMM", as applicable), by text message to the short code 44044. The following is a list of participating carriers: Verizon Wireless, Alltel, Cingular, Dobson, T-Mobile, Sprint, Nextel, and Boost. You will receive a message billable at standard text messaging rates acknowledging your registration and asking you to confirm your registration by sending a text message to short code 44044 including the words "yes" or "okay." In response to your confirmation message, you will receive a final confirmation message, billable at standard text messaging rates for your registration that will include a random and generally unknown fact. You will only be charged the premium text message charge of $0.99 for your registration message after you send your confirmation message. However, standard text messaging rates may apply to all text messages sent in connection with your registration. Additionally, you may receive additional messages after your registration is submitted containing information related to Program and other opportunities. You may elect to stop receiving these text messages at any time by responding to any of the messages. You may also receive assistance with text message registration by responding "help" to any of the messages.

    3. Method #3: : VIA A 900 Telephone Number - At the time the Host announces the beginning of a new Game, a 900 number will appear on the television screen. Call the 900 telephone number shown on the television screen and follow the instructions to register. A charge of $0.99 will be charged by your phone service provider for the call.

      RESIDENTS OF THE STATES OF CALIFORNIA, MINNESOTA, ILLINOIS, NEW JERSEY AND DELAWARE. AND VIEWERS PHYSICALLY PRESENT IN THOSE STATES AT THE TIME OF REGISTRATION ARE NOT ELIGIBLE TO REGISTER VIA THE 900 TELEPHONE NUMBER. RESIDENTS OF AND VIEWERS PHYSICALLY PRESENT IN THOSE STATES MAY REGISTER ONLY ONLINE OR BY TEXT MESSAGING.


      Once a call to the 900 telephone number is made, the Registrant will be charged the cost for the call whether or not the Registrant is selected as a Participant (as described in Rule 4 below). Viewers who register by 900 telephone number will be provided a form of entertaining content during the course of the 900 registration call.


    Registration for a Game must be received during the Game Play Period for that Game. Proof of submission of registration does not constitute proof of receipt. . Immediately following an eligible registration by any method, you will receive a message stating that the Producer will call you within approximately thirty (30) seconds of receiving your registration if you are selected to become a participant in the Game (a "Participant").

    Limit: 10 registrations per Program Period , regardless of registration method. The Producer reserves the right to further limit the number of registrations per Program Period. If you reach the registration limit for any Program Period, any subsequent attempt to register during the Program Period will be disqualified. If you reach the registration limit for any Program Period using a single method of registration, you will receive notification of disqualification of any subsequent attempt to register during the Program Period using that method of registration (if you attempt to register via text messaging, you will only receive a disqualification notice after the first such attempt).You will not incur a charge for any such subsequent registration attempt, except your first attempt to register via text messaging after you have reached your registration limit using that single method of registration, which attempt to register via text messaging will incur a premium text message charge of $0.99 in addition to standard text messaging rates. Failure to receive a disqualification notice with respect to any registration during a Program Period does not mean that you have not exceeded your registration limit for that Program Period.

  4. How Participants are Selected: Participants will be randomly selected by the Producer from among all eligible Registrants. A Registrant who is selected to become a Participant (a) will be contacted by the Producer by telephone at the telephone number provided by the Registrant in his or her registration within approximately thirty (30) seconds of the time the Registrant's registration is received, and (b) must answer the Producer's telephone call in order to become a Participant. Upon answering the Producer's telephone call a Participant will receive an automated telephone message from the Producer stating that he or she has been placed in the "Lounge Database" from which Potential Contestants (as defined in Rule 5 below) will be selected and that he or she will be placed on hold while Potential Contestants are selected. A Participant will remain on hold in the Lounge Database for a period of time determined by the Producer, and thereafter will be disconnected. The odds of a viewer who registers for a Game becoming a Participant in the Game are 1:10. There is no prize or other compensation associated with status as a Participant.

  5. Selection of Contestants: From among all eligible Participants, the Producer will randomly select Participants to be placed in a "Hot Room" database for a chance to play the Game live during the Game Play Period (the "Potential Contestants"). The Producer will select a number of Potential Contestants sufficient to keep ten (10) Potential Contestants available in the Hot Room database during the Game Play Period. The odds of a Participant becoming a Potential Contestant depend upon the number of eligible Participants in the Lounge Database at the time of Potential Contestant selection. From among all Potential Contestants, the Producer will select one Potential Contestant who will play the Game live with the Host during the Game Play Period (the "Contestant"). If the Contestant correctly answers the Game's trivia question, he or she will win the Prize (as defined in Rule 7 below). If the Contestant does not correctly answer the Game's trivia question, he or she will not win the Prize and will be eliminated from further participation in the Game. The odds of a Potential Contestant becoming a Contestant depend upon the number of Potential Contestants in the Hot Room database at the time of Contestant selection and whether any previously-selected Contestant wins the Game.

    If a question is not answered correctly by a Contestant another Potential Contestant will be randomly selected to answer the same question. If a Potential Contestant is not selected as a Contestant to play the Game, he/she will be notified at the end of the Game.

  6. Game Play Terms and Conditions:

    1. None of the Promotion Parties (as defined in Rule 10 below) shall be liable for any expenses incurred by any viewer, Registrant, Participant, Potential Contestant or Contestant as a result of or in connection with his or her (i) viewing of the Program, (ii) attempted registration or actual registration; (iii) being placed in the Lounge Database; (iv) being placed in the Hot Room database, or (v) playing the Game.

    2. Instructions how to play each Game will be provided on-air during the Program broadcast. All Game instructions given on-air or by telephone are deemed to form part of these Official Rules and part of the Game to which they relate.

    3. In the event of any fault, dispute, misunderstanding or disagreement concerning any part of the Games, including the operation of any method of registration or the validity of any Game's solution or answer, the decision of the Producer shall be final and binding in its sole discretion. Producer will not respond to any correspondence or inquiries concerning the Games.

    4. Any Registrant who registered for a Game via the 900 telephone number or text messaging must be the authorized account holder of the telephone number or wireless account associated with the registration, or have permission to do so from the authorized account holder. If requested, any such Registrant must demonstrate he or she is the authorized account holder or has permission to use such telephone number or wireless account from the authorized account holder.

    5. In the event of any dispute regarding the identity of the Registrant submitting any registration via any method, the registration will be deemed submitted by the authorized account holder of the e-mail, wireless or telephone account associated with the registration.

    6. If a telephone call with a Registrant, Participant, Potential Contestant or Contestant is interrupted, disturbed or in any way affected by any circumstances beyond the control of the Producer, the Producer reserves the right to eliminate the Registrant, Participant, Potential Contestant or Contestant and to randomly select another Registrant, Participant, Potential Contestant or Contestant.

    7. The Producer will have no liability to a viewer, Registrant, Participant, Potential Contestant or Contestant who is unable to participate in a Game for whatever reason.

    8. The Producer reserves the right to disqualify any Registrant, Participant, Potential Contestant or Contestant from a Game at any time as determined in its sole discretion, should such person at any stage, as determined by the Producer in its sole discretion:


      1. fail to comply with these Official Rules;

      2. supply any untruthful, inaccurate or misleading personal details and information;

      3. refuse or fail to provide proof of identity and/or eligibility if requested by Producer at any time

      4. endorse or mention any commercial product or service on the Program;

      5. use technology to gain an unfair advantage over other Registrants including, but not limited to, use of speed dialing hardware and software, automated dialing hardware and software and computer programs intended to automatically fill out Website forms, all of which are expressly prohibited under these Official Rules;

      6. engage in fraudulent conduct, including but not limited to the use of technology which enables a Registrant to evade charges when registering for a Game via the text message or 900 telephone number methods of registration;

      7. engage in unlawful conduct or misconduct, including without limitation, harming or threatening to harm other Registrants or production personnel, exercising violent behavior, or potential or actual cheating;

      8. purposely impede the work of the production personnel and/or the implementation of any Game; or

      9. use profanity or pornographic or racist remarks while on air.


    9. The disqualification of a Registrant, Participant, Potential Contestant or Contestant is final and not subject to appeal or review for any reason whatsoever.


  7. Prize: One (1) Grand Prize per Game an amount of cash, as determined by Producer and announced by the Host at the beginning of each Game, not to exceed $5,000. No substitution, assignment or transfer of prize permitted, except by Producer, who reserves the right to substitute a prize with another of comparable or greater value. Each Game winner is solely responsible for all taxes and fees associated with prize receipt and/or use, and prizes will only be delivered within the 50 United States and the District of Columbia. In the event a prize comes back as undeliverable, the potential winner will be deemed to have forfeited that prize.

  8. Verification of Winner: A Contestant who is selected as a Game winner must continue to comply with all Official Rules, and his or her eligibility to claim the Prize is contingent upon fulfilling all applicable requirements. A Game winner must submit an affidavit of eligibility, liability release and, where legally permissible, a publicity release, each of which must be fully completed, signed and returned (by a parent/guardian if Contestant is a minor in the state of his or her residence) within seven (7) days after mailing or other attempted notification to potential winner or the potential winner will be deemed to have forfeited the prize and will be disqualified.

  9. Publicity: Except where prohibited, Game registration constitutes Registrant's consent to Promotion Parties' (as defined in Rule 10 below) use of his or her name, likeness, voice and performance for promotional purposes in perpetuity throughout the world in any media, including without limitation on air during the live broadcast of the Program, transmission on the Website, and advertising and/or promotion for the Program, without further payment or consideration. All intellectual property rights generated as a result of the operation of any Games and/or the Program and the content thereof shall be the property of the Producer and Registrants agree to cooperate with the Producer and take all steps (at the Producer's cost) to vest in the Producer any intellectual property which the Registrant might create in the course of participating in any Games and/or the Program.

  10. Eligibility: The Game is open only to individual legal residents of the 50 United States and the District of Columbia who are at least 18 years of age at the time of registration, excluding employees (and their immediate family members and members of their same household) of Producer, Broadcaster, MindMatics LLC, Champion Communications, Ltd. and their respective affiliates, agents, judges and advertising and promotion agencies (collectively, the "Promotion Parties").

  11. Agreement to Official Rules: By registering for a Game, each Registrant unconditionally accepts these Official Rules and the decisions of Producer, which are final and binding in all aspects of each Game.

  12. General Conditions: Void where prohibited or restricted. Producer may cancel or modify the Program or any Game if fraud, technical failures or any other factor beyond its control impairs the integrity of any Game, as determined by Producer in its sole discretion. Producer's failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision. If the operation of any Game (or any part thereof) (including without limitation the operation of the telephone system or the production, recording, broadcast or live transmission of the Program (or part thereof) or the awarding of any prize is affected by circumstances beyond the reasonable control of any of the Promotion Parties, including due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism, the Producer may cancel all or any part of any Game and/or the Program and viewers and Registrants shall have no claim whatsoever upon the Promotion Parties. If the broadcast of any Program is delayed, pre-empted or interrupted for any reason, the Games may be cancelled or modified and Producer will have no liability to any Registrant, Participant, Potential Contestant or Contestant in connection therewith.

  13. Amendment of Official Rules: The Producer reserves the right to amend these Official Rules from time to time as of the start of any Game without giving prior notice. By submitting a registration to any Game, Registrants agree to be bound by the Official Rules currently in force at that time. There is no obligation on the part of the Promotion Parties to broadcast any episode of the Program in which a Contestant has appeared or any part of his/her contribution to any episode of the Program.

  14. Release: By registering, Registrants agree to hold harmless and indemnify the Promotion Parties, including their respective directors, officers and employees, against any and all liability, damages or causes of action with respect to or arising out of Registrant's registration for or participation in any Game or the receipt or use or misuse of any prize awarded in a Game.

  15. Limitation of Liability: (a) Each Game is provided on an "as is" and "as available" basis and no representations or endorsement of any kind are made. All warranties, conditions and guarantees relating to any Game made by or on behalf of the Producer whether express or implied by law, course of dealing, statute or otherwise, including but not limited to, implied warranties of fitness for a particular purpose, satisfactory quality, non-infringement, security, accuracy, compatibility, condition or completeness are excluded to the maximum extent permitted by law; (b) the Promotion Parties are not liable in contract, tort (including, but not limited to negligence) or otherwise in connection with any Game for loss of revenues, contracts, profits, business or anticipated savings or loss of data; or any special or indirect or consequential losses; or any loss of goodwill or reputation; (c) although the Promotion Parties have made and will make all reasonable efforts to ensure that the operation of the Website, the telephone systems used, and the recording, broadcast and live transmission of the Program are free from viruses and other damaging components and are not in any way affected by any circumstance, it cannot and does not guarantee the same; the Promotion Parties cannot and do not guarantee that the use or operation of the Website, telephone systems, recording, broadcast and/or live transmission will be uninterrupted, timely, secure and / or error-free and the Producer may cancel all or any part of a Game at its discretion and in such circumstances, the viewers and Registrants shall have no claim whatsoever against the Promotion Parties; and (e) in any event, the Promotion Parties will not be liable and Registrants hereby release the Promotion Parties from, any claims arising from: any damages or losses whether direct or indirect that any Registrant may suffer as a result of (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) data non-delivery or miss-delivery; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the registration process or the Game; (v) electronic, technical or human error which may occur in the administration of the Game or the processing of registrations; or (vi) any injury or damage to persons or property, including but not limited to Registrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from participation in the registration process or the Game, or (vii) any acts of God, war or terrorism, breaches of security or unauthorized use of personal data arising from hacking and/or failure or lack of reception of telephone or mobile networks. The exclusions set out in this paragraph shall apply even in the event that the loss or damage suffered was or should have been foreseen by the Promotion Parties and/or that the Promotion Parties had notice of the risk, loss or damage in question.

  16. Inquiries: All correspondence in relation to any Game should be addressed to customerservice@midnightmoneymadness.tv.

  17. Disputes: Viewers and Registrants agree that: (i) any and all disputes, claims and causes of action arising out of or connected with registration, the Program or any Game, or any prize offered shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court located in New York, New York, U.S.A.; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with registration to the Program and any Game but in no event attorneys' fees; and (iii) under no circumstances will any viewer or Registrant be permitted to obtain awards for, and each viewer and Registrant 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. 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 Registrants and Producer in connection with the Program or any Game shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A.

  18. Winners List: Game results and a copy of these Official Rules may be obtained by sending an e-mail message to winnerlist@midnightmoneymadness.tv. Requests must indicate which Game and the date of broadcast and must be received within 30 days of the live broadcast date of that Game.
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