Ellen’s Earth Day Contest
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS IS A CONTEST OF SKILL. VOID WHERE PROHIBITED. The entry period for the “Ellen’s Earth Day Contest” (“Contest"), sponsored by WAD Productions Inc. (“Sponsor”), begins Saturday, April 25, 2020 at 3:00:00 a.m. Pacific Time (“PT”) and ends at 3:00:00 a.m. PT on Saturday, May 2, 2020 (the “Contest Period”). All federal, state, provincial and local laws and regulations apply. Proof of submitting a Contest entry will not be deemed by Sponsor as proof of receipt of entry into the Contest. Any attempted form of entry into the Contest other than as described herein is void.
The Contest is open to individuals who meet the following criteria: (a) are the age of majority in his/her jurisdiction of residence or older and (b) are a legal resident of and physically residing in one of the 50 United States or the District of Columbia (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever prohibited by law) or Canada (excluding Quebec) (“Contestant”). Neither Sponsor nor employees of Sponsor, “The Ellen DeGeneres Show”, Warner Media, Warner Bros. Entertainment, Telepictures Productions Inc., and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the "Contest Entities”) are eligible to participate in the Contest and/or win a Prize (as defined below). Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win. For the purposes of this Contest, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses.
By entering this Contest, Contestants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
HOW TO ENTER: Online entry is the only method of entry for the Contest.
If the Contestant meets the eligibility criteria set forth above, then in order to enter Contestant he/she must go to the ellentube webpage located at https://www.ellentube.com/campaigns/newsletter-exclusive-earth-day-giveaways.html during the Contest Period and follow the steps below:
A. Contestant must upload a written statement of no more than approximately fifteen hundred (1500) characters answering the following: "Tell us why you deserve to win" (the "Statement")
B. Contestant must submit the following information:
· Personal Information: Contestant’s first name, last name, e-mail address, phone number, and mailing address (“Personal Information”).
· Contestant will also be required to check a box acknowledging that Contestant is at least the age of majority in her/his jurisdiction of residence and another box that Contestant has read and accepts this Contest’s Official Rules.
Contestant’s entry must be received by Sponsor between Saturday, April 25, 2020 at 3:00:00 a.m. PT and 3:00:00 a.m. PT on Saturday, May 2, 2020. Entries received before and/or after the Contest Period will be void.
A qualifying entry requires all of the following elements submitted via https://www.ellentube.com/campaigns/newsletter-exclusive-earth-day-giveaways.html.
1. Acknowledgment that Contestant meets the eligibility requirements criteria: Contestant is at least the age of majority in her/his jurisdiction of residence, and a resident of one of the 50 United States (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law), the District of Columbia or Canada (excluding Quebec).
2. The required Personal Information, as described above.
3. The Statement, as described above.
Each entrant is responsible for his or her entry and the consequences of posting or publishing it. By submitting any entry into the Contest, whether complete or not and whether eligible or not, each entrant represents and warrants to Sponsor and the Contest Entities that: (a) the entry is the entrant’s original creation and has not been published or entered in any other contest; (b) entrant has not copied, in whole or in part, any other work; (c) the entry does not violate or infringe any copyright, trademark, patent, trade secret, privacy or publicity right, or other proprietary or intellectual property right of any person or entity; (d) entrant has obtained the written consent, release and permission of each and every identifiable individual person in the entry to use that person’s name or likeness in the entry and in the manner contemplated by Sponsor; (e) entry is not defamatory, libelous, obscene, or otherwise illegal; (f) is the sole and exclusive property of the entrant, and is not subject to any third-party rights; and (g) entrant grants to Sponsor all rights in the entry free and clear of any liens, encumbrances, or other third party interests of any kind, and free of any claims or litigation, whether pending or threatened. Submission of false or misleading personal information or copied, plagiarized, offensive or otherwise inappropriate Videos, Photos and/or Statements (as determined by Sponsor in its sole discretion) will be grounds for disqualification of entry. Entries generated by a script, macro or other automated means will be disqualified. Illegible or incomplete entries, as determined by Sponsor in its sole discretion, will be disqualified.
WINNER SELECTION PROCESS:
After the Contest Period, entrants’ Video and Statements are reviewed and voted on by a qualified panel of judges selected by Sponsor in Sponsor’s sole discretion. The Prizewinners (as defined below) will be determined, at the sole discretion of the judging panel, based on the following Judging Criteria:
1) Originality of the Statement (33%)
2) Contestant’s creativity within the Statement (33%)
3) Statement’s premise (i.e. originality, clarity of expression, and creativity) in relation to the theme of the
Contest (i.e. tell us why you deserve to win) (33%)
The top three hundred (300) Contestants with the Statement receiving the most votes by the judges will receive the Prize (as defined below). The Prizewinners will be selected by the judges on or before May 26, 2020. In the event of a tie, the potential winner(s) will be the Contestant whose Video scored the highest for originality, as determined by the judges and if such score remains tied then continuing thereafter in each category until the tie is broken.
The Winners of the Prize are collectively referenced hereinafter as the “Prizewinner” or “Prizewinners.”
If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, such Contestant’s claim to the prize is forfeited and an alternate qualifying and eligible Contestant may be selected, according to the Judging Criteria. Only three (3) alternate qualifying and eligible Contestants may be contacted.
All prizes legitimately claimed will be awarded.
· There will be Three Hundred (300) Prizewinners. Each Prizewinner will receive one (1) prize package consisting of all gifts featured on Ellen’s Earth Day episode. Given the surprise nature of the gifts featured, the final prize package the Prizewinner will receive will be determined by Sponsor at Sponsor’s sole discretion. The approximate retail value (ARV) of each prize package awarded is between $1,500 - $4,500. Actual retail value of Prize may vary. If the actual value of the prize is less than the stated ARV, the difference will not be awarded.
A CONTESTANT IS NOT CONSIDERED THE WINNER OF THE PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF CONTESTANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES
PRIZEWINNER NOTIFICATION PROCESS:
Prizewinner will be notified by Sponsor via phone and/or email. If Prizewinner does not accept the Prize and/or return all required documentation and signatures within forty-eight (48) hours following the date and time the Prize is awarded, then that winner will be disqualified and an alternate winner will be selected.
Except where prohibited, the Sponsor will require the tentative Prizewinner to execute an Affidavit of Eligibility, Liability Release and Publicity Release (collectively, “Affidavit/Release”). The Affidavit/Release must be returned to the Sponsor within forty-eight (48) hours of receipt of the Affidavit/Release. A disqualification will result and an alternate qualifying and eligible Contestant will be selected if the Affidavit/Release is not returned to the Sponsor within the specified time. Only three (3) alternate qualifying and eligible Contestants may be contacted.
Refusal or return of any Prize notification, Affidavit/Release or Prize as undeliverable will result in disqualification and an alternate entry will be selected.
ADDITIONAL PRIZE INFORMATION:
Prizewinner is solely responsible for all costs not expressly described herein, including, without limitation, as applicable, taxes, fuel/currency surcharges, meals and beverages, room service, gratuities, merchandise, telephone calls, insurance, any required travel documentation, all personal expenses of any kind or nature, and any overnight layover. Prizewinner is also solely responsible for all costs incurred to and from the point of departure. It is the sole responsibility of the Prizewinner to obtain all necessary travel documentation, including, without limitation, passports and visas (as applicable), and to comply with any customs and immigration requirements (as applicable). It is recommended that the Prizewinner obtain sufficient personal insurance prior to departure.
There is no substitution for any Prize or any portion thereof and no refunds will be given for any unused portion of the Prize. Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen Prizes. The Prize is not transferable, assignable or redeemable for cash. All Prize details are at Sponsor’s sole discretion. The Contest Entities are not responsible for and winner will not receive the difference, in any, between the actual value of the prize(s) at the time of award and the stated ARV in these Official Rules or in any Contest-related correspondence or material. Limit of one (1) prize per person.
Prizewinners are solely responsible for the reporting and payment of any and all federal, state, provincial and local taxes as well as any other costs and expenses associated with acceptance and use of a Prize not specified herein as being awarded. US prizewinners may be issued an IRS form 1099 based on the ARV of each Prize awarded.
OWNERSHIP AND LICENSE:
All Contest related materials, including submission entries, Video, Photos and Statements (collectively, “Submission”) become the property of the Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the Contestant, but entry into this Contest constitutes Contestant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission. Sponsor and/or others authorized by Sponsor shall have the right to edit, adapt, and modify the Submission.
Except where prohibited by law the Prizewinner shall be required to grant Sponsor the perpetual and irrevocable right and license to use his/her name, photograph, visual and audio likeness, statements, biographical information, address (city and state of residence) and any other information contained in his/her Submission on a worldwide basis, and in all forms of media now known or hereafter invented or discovered (including, without limitation, on the Contest Entities web sites), in perpetuity, without further compensation, notice, review or approval.
TAMPERING WITH CONTEST:
The Contest Entities are not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Persons found tampering with or abusing any aspect of this Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Contest, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future Contest. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
SUSPENSION / MODIFICATION / TERMINATION:
In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest, without liability, should causes beyond Sponsor’s control (including, but not limited to, tampering or computer virus infection) corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
WAIVERS, DISCLAIMERS AND RELEASES:
By participating in the Contest, entrant (or entrant’s parent if entrant is under the age of majority in their state/jurisdiction of residence) agrees to release, discharge, indemnify and hold harmless the Contest Entities and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) entrants’ participation in the Contest (including travel to/from any Contest activity); (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize. Without limiting the generality of the foregoing, entrants agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrants (or entrant’s parent if entrant is under the age of majority in their state/jurisdiction of residence) agree that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant (or entrant’s parent if entrant is under the age of majority in their state/jurisdiction of residence) further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. The Released Parties are not responsible for any changes or unavailability of the social media platform used for purposes of administering this Contest that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Contest as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. If entrant is an eligible minor, his/her parent or legal guardian must agree to these Official Rules, including, without limitation, this Section.
ENTRY INFORMATION AND CONTEST COMMUNICATIONS:
As a condition of entering the Contest, each entrant gives consent for Sponsor to obtain and deliver his or her name, address, email, and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Contest or on a Contest winner’s list.
GOVERNING LAW / LIMITATION OF LIABILITY:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Entrants, Sponsor, and the Released Parties (each, a “Party” and collectively the “Parties”) each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either Party may, notwithstanding this provision, bring qualifying claims in small claims court.
WINNER’S LIST OR OFFICIAL RULES REQUEST:
For the names of the winners, send a self-addressed, stamped envelope to:
Telepictures Productions Inc.
c/o WAD Productions Inc.
3500 West Olive, Suite 1000
Burbank, CA 91505
Please indicate which Contest winners list you are requesting by referencing the name of the Contest in your request.
WAD Productions Inc. 3500 West Olive, Suite 1000, Burbank, CA 91505.
© 2020 Telepictures Productions Inc. All rights reserved.