Ellen’s 12 Days of Giveaways Grand Prize 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 12 Days of Giveaways Grand Prize Contest” (“Contest"), sponsored by WAD Productions, Inc. (“Sponsor”), begins Monday, November 23, 2020, at 6:00:00 a.m. Pacific Standard Time (“PST”) and ends at 5:59:59 a.m. PST on January 14, 2021 (the “Contest Period”). During the Contest Period, there are five (5) individual Contest on five(5) different platforms with different methods of entries outlined in the “How to Enter” section below. These Official Rules apply to all five Contest. All federal, state 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 eighteen (18) years of age or older and (b) are a legal resident of and physically residing in one of the fifty (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 restricted or prohibited by law) (“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. Only one (1) person per household is eligible to win a prize package consisting of audience gift giveaways that occur during the 2020 “Ellen’s 12 Days of Giveaways” event (collectively, “12 Day’s Gifts 2020”), if contestant enters another Contest and wins where the prize is a prize package of all of the 12 Day’s Gifts 2020 that contestant will not be eligible to win this contest. 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: Contestant may enter a Contest on each of the following platforms (each a “Platform”):
If the Contestant meets the eligibility criteria set forth above, then in order to enter, Contestant must follow the steps below:
A. During the Contest Period, open the Platform and/or visit the Platform's Contest landing page stated above and follow the instructions to be directed to the Contest entry page.
B. Once directed to the entry page, Contestant shall enter the following:
· Personal Information: Contestant’s first name, last name, e-mail address, and date of birth (“Personal Information”).
· Contestant will also be required to check a box acknowledging that Contestant is at least eighteen (18) years of age and another box that Contestant has read and accepts this Contest’s Official Rules.
· Contestant must then submit a written statement of no more than two thousand (2000) characters describing why Contestant deserves to win the Prize (the “Statement”).
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 Sponsor Entities that the entry (including, without limitation, the Statement: (a) is the entrant’s original creation; (b) has not copied, in whole or in part, any other work; (c) 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) is not defamatory, libelous, obscene, or otherwise illegal; and (e) is the sole and exclusive property of the entrant, and is not subject to any third-party rights. Submission of false or misleading personal information or copied, plagiarized, offensive or otherwise inappropriate content (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. Sponsor will not deem proof of submission of an entry as proof of receipt of an entry.
LIMIT: Contestant may submit one (1) entry per Platform during the Contest Period. In the event that a Contestant exceeds the limit, Sponsor may, at Sponsor’s sole discretion, either disqualify all entries by the Contestant or select, at Sponsor’s sole discretion, the first entry for judging and reject the remainder.
WINNER SELECTION PROCESS:
Following conclusion of the Contest Period, Statements will be voted on by a panel of judges selected by Sponsor in Sponsor’s sole discretion. The winning Statement will be determined, at the sole discretion of the judging panel, based 33.3% on creativity, 33.3% on originality, and 33.3% on appropriateness to the theme of the Contest (i.e., tell us why you deserve to win the Prize). The Statement receiving the most votes by the judges will receive the Prize (as defined below, the “Prize”). In the event of a tie, the potential winner will be the Contestant whose Statement is considered more creative as determined by the judges.
The Winner of the Prize is referenced hereinafter as the “Prizewinner.”
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 contacted, at Sponsor’s sole discretion.
All Prizes legitimately claimed will be awarded.
One (1) Prizewinner from each Platform’s Contest will receive one prize package consisting of all gifts featured and given to the live studio audience of “The Ellen DeGeneres Show during the 2020 “Ellen’s 12 Days of Giveaways.” Given the surprise nature of the gifts given to the audience, the final prize package the Prizewinner will receive will be determined by Sponsor at Sponsor’s sole discretion.
TOTAL APPROXIMATE RETAIL VALUE (“ARV”) OF ALL PRIZES: $25,000.00-$30,000.00, however, given the surprise nature of the 12 Day’s Gifts 2020, the value of prizes may substantially vary.
Prizewinner will be required to review and execute further contracts and releases provided by Sponsor in order to receive the Prize.
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 Prizewinner may be disqualified and an alternate Prizewinner may be selected.
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 Sponsor within forty-eight (48) hours of receipt of the Affidavit/Release. A disqualification may result and an alternate entry may be selected if the Affidavit/Release is not returned to the Sponsor within the specified time. 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:
Any difference between stated ARV and final retail value of the Prize will not be awarded. The Prize consists only of the elements expressly set forth above, and no other elements or expenses (including, without limitation, airfare, accommodations, ground transportation, insurance, meals, phone calls, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Prize and all such expenses are the sole responsibility of the Prizewinner. No refund or compensation will be paid in the event of the cancellation or delay of the Prize or any Prize component. Sponsor will not be liable if the Prize, or any portion of the Prize, is cancelled or delayed. Sponsor may, in Sponsor’s sole discretion, attempt to reschedule for a future event. If applicable, such Prizes are subject to certain terms and conditions as specified by the Prize issuer. The terms and conditions of the Prizes may govern if a Prize component is cancelled due to an event of force majeure (as more fully defined below), weather, an act of God, an act of terrorism, civil disturbance or any other reason.
Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen tickets, vouchers or certificates. In the event of such a loss, Sponsor shall have the right, in Sponsor’s sole discretion, to disqualify the Prizewinner or to award to that Prizewinner the remaining elements of the Prize which shall constitute full satisfaction of Sponsor’s prize obligation to the Prizewinner and no additional compensation will be awarded. Exact details shall be determined in the sole discretion of Sponsor.
There is no substitution for any Prize or any portion thereof and no refunds will be given for any unused portion of the Prize. The Prize is not transferable, assignable or redeemable for cash. All Prize details are at Sponsor’s sole discretion.
Prizewinners are solely responsible for the reporting and payment of any and all federal, state and local taxes including, without limitation, excise tax (including sales and withholding taxes), as well as any other costs and expenses associated with acceptance and use of a Prize not specified herein as being awarded. Prizewinners may be issued an IRS form 1099 based on the Actual Retail Value of each Prize awarded.
OWNERSHIP AND LICENSE:
All Contest related materials, including submission entries and Statements (collectively, “Submission”) becomes 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.
Any use by Contestants of any of the Contest Entities’ trademarks or copyright interest is strictly prohibited and may subject Contestant to civil and/or criminal liability.
ALL PRIZES ARE PROVIDED “AS IS” AND “with all faults.” CONTEST ENTITIES make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any prize, or any portion thereof, including, without limitation, its quality, merchantability or fitness for a particular purpose. Any and all warranties for a prize, or any portion thereof, are contained in the manufacturers’ or service providers’ warranties, as relevant.
All trademarks are the property of their respective owners. The use of certain companies’ products and services as Prizes does not imply participation in, approval of, or endorsement of this Contest by such companies.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION:
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.BY ENTERING, ALL PARTICIPANTS IN THE CONTEST, PARTICIPANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ALL CONTEST ENTITIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO) OR PARTICIPATION IN THE CONTEST AND THE ACTIVITIES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE CONTEST ENTITIES.
Entrants (or entrant’s parent if entrant is under the age of majority in their state/jurisdiction of residence), 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.
GENERAL CONDITIONS OF ENTRY:
All Contestants, as a condition of entry, agree that they have not purchased any kind of Internet service whatsoever in order to participate in and/or enter the Contest. Contestants agree not to knowingly damage or cause interruption of the Contest and/or prevent others from utilizing the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE OR CELLULAR SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST OR CAMPAIGN VIOLATES CRIMINAL AND/OR CIVIL LAWS.
IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR ADMINISTERING AGENCY MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY AND ALL CONTEST PARTICIPANTS MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
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 (OR ENTRANT’S PARENT IF ENTRANT IS UNDER THE AGE OF MAJORITY IN THEIR STATE/JURISDICTION OF RESIDENCE) 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.
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
SPONSOR: WAD Productions, Inc.
c/o WAD Productions, Inc. 3500 West Olive, Suite 1000, Burbank, CA 91505.
© 2020 WAD Productions, Inc. All rights reserved.