Ellen’s 12 Days of Giveaways Newsletter Contest -- OFFICIAL RULES
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 Newsletter Contest” (“Contest"), sponsored by WAD Productions, Inc. (“Sponsor”), begins Saturday, December 16, 2017, at 6:00:00 a.m. Pacific Standard Time (“PST”) and ends at 11:59:59 p.m. PST on Wednesday, January 3, 2018(the “Contest Period”). 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,” Time Warner, 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 all of the audience gift giveaways that occur during the 2017 “Ellen’s 12 Days of Giveaways” event (collectively, “12 Day’s Gifts 2017”), if contestant enters another contest or sweepstakes and wins where the prize is a prize package of all of the 12 Day’s Gifts 2017 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: Online entry is the only method of entry for the Contest.
Entries received before and/or after the Contest Period will be void. All entries become the sole property of Sponsor and will not be acknowledged or returned.
Sponsor’s computer will serve as the official time piece for the Contest.
If the Contestant meets the eligibility criteria set forth above, then in order to enter, during the Contest Period, Contestant must follow the steps below:
A. To be considered for the Contest, Contestant must be a subscriber to Ellen’s Newsletter. Contestant must open the latest issue of the Newsletter which is emailed to all subscribers and click the link 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”).
Contestant’s entry must be received by Sponsor between 6:00 a.m. PST on December 16, 2017 and 11:69:59 p.m. PST on January 3, 2018.
A qualifying entry requires all of the following elements submitted via the Contest Entry Page:
1. Acknowledgment that Contestant meets the eligibility requirements criteria: Contestant is at least eighteen (18) years of age and a resident of one of the fifty (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) or the District of Columbia.
2. The required Personal Information, as described above.
3. The Statement, as described above.
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: One (1) entry per Contestant 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, one (1) entry for judging and reject the remainder.
WINNER SELECTION PROCESS:
Following conclusion of the Contest Period, Sponsor, at its sole discretion, will select five (5) Statements from eligible entries submitted during the Contest Period for final voting by the judging panel. The finalists’ 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 will receive one prize package consisting of all the gift giveaways featured during the 2017 “Ellen’s 12 Days of Giveaways” event and given to the live studio audience of “The Ellen DeGeneres Show” (collectively, “12 Day’s Gifts 2017”). Given the surprise nature of the 12 Day’s Gifts 2017, at Sponsor’ sole discretion, Sponsor will determine the final prize package the Prizewinner will receive.
Given the surprise nature of the 12 Day’s Gifts 2017 given, the value of prizes may substantially vary. TOTAL APPROXIMATE RETAIL VALUE (“ARV”) OF ALL PRIZING: $30,000.00-$36,000.00
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.
TERMS & CONDITIONS
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.
This Contest is administered by the Sponsor and any questions, comments or complaints regarding the Contest must be directed to the Sponsor. Prizewinner shall be selected by Sponsor.
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 twenty-four (24) hours following the date and time the Prize is awarded, then that Prizewinner will be disqualified and an alternate Prizewinner will 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 the Sponsor within twenty-four (24) hours of receipt of the Affidavit/Release. A disqualification will result and an alternate entry will 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 ARV 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 ARV 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 entering, ALL CONTESTANTS IN THE CONTEST, CONTESTANT’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 THEprize OR ANY PORTION OF THE 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.
DISCLAIMERS / LIMITATIONS ON LIABILITY:
By ENTERING, ALL CONTESTANTS IN THE CONTEST agree that THE CONTEST ENTITIES assume no liability whatsoever for injuries or damages of any kind sustained in connection with THE STATEMENT AND/OR CONTESTANT’S ENTRY INTO THE CONTEST, THE use, acceptance, possession or awarding of THE prize or while preparing for, participating in and/or traveling to or from any CONTEST-related activity, including, without limitation, any injury, damage, death, loss OR accident to person or property due to an intentional act, an act of negligence or default and/or any act of God.
The Contest Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, postage-due or stolen mail or entries or entries otherwise not in compliance with these Official Rules. In addition, Contest Entities are not responsible for any typographical errors in these Official Rules, Contest content or any advertising materials for the Contest, or for any kind of computer, electronic, hardware, software, Internet, network, technical or telephone failures and/or problems caused by the Sponsor and/or the Contest Entities or the user, or by any of the equipment or programming associated with or utilized in the Contest, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Contest, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Contest becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Contest Entities, the user or by any of the equipment or programming associated with or utilized in the Contest, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Contest or any Contest offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select the Prizewinner from all entries received for the Contest prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion, fire, casualties, equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the Sponsor’s control.
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 AND VENUE:
The parties agree that the Contest and these Official Rules will be governed, construed and interpreted under the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of California. Each Contestant agrees (i) that any or all lawsuits brought by Contestants pursuant to these Official Rules or the Contest will be brought in the courts located in Los Angeles, California and (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest or the Prize awarded shall be resolved individually, without resort to any form of class action. Contestants hereby waive any and all objections to personal jurisdiction. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred including, without limitation, costs associated with entering this Contest but in no event attorneys’ fees. Under no circumstances will contestants be permitted to obtain awards for, and hereby waive all rights to claim, indirect, 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.
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.
© 2017 WAD Productions, Inc. All rights reserved.