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 “Chevy Watch & Win” (“Contest"), sponsored by DAWN Syndicated Productions, Inc. (“Sponsor”), begins Monday, June 17, 2019 at 6:00 a.m. Pacific Time (“PT”) and ends at 11:59:59 p.m. PT on Friday, July 12, 2019. (the “Contest Period”). However, the Contest Period consists of four (4) separate weekly “Entry Periods” (each an “Entry Period”), which start and end as follows: Monday, June 17, 2019 at 6:00 a.m. PT – 11:59:59 p.m. on Sunday, June 23, 2019; Monday, June 24, 2019 at 6:00 a.m. PT – 11:59:59 p.m. on Sunday, June 30, 2019; Monday, July 1, 2019 at 6:00 a.m. PT – 11:59:59 p.m. on Sunday, July 7, 2019; and Monday, July 8, 2019 at 6:00 a.m. PT – 11:59:59 p.m. on Sunday, July 12, 2019. 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 eighteen (18) years of age 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, General Motors, 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: Submission through the ellentube app or webpage located at ellentube.com/chevysummer are the only methods of entry for the Contest. The ellentube app is available to download for free in the Apple iOS and Google Android app stores.
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.
A. Watch “The Ellen DeGeneres Show” (the “Series”) (check your local listing for time of broadcast) weekdays (i.e. Monday - Friday) during the Contest Period,. During each episode of the Series, a baseball themed winning word accompanied by a Chevy sponsored lower third animation will appear on the screen. The caption will be set on a bright colored background or boarder which will indicate the specific color of the week.
· Personal Information: Contestant’s first name, last name, e-mail address, home phone number, mailing address, and date of birth (“Personal Information”).
· Correctly choose from the multiple-choice options the correct baseball themed winning word shown on the episode broadcast on the date of entry into the Contest. Each baseball themed winning word and corresponding answers will be valid from 12:00 a.m. PT on the day of Series’ broadcast until 11:59:59 p.m. PT that same day. If Contestant enters an incorrect answer, Contestant’s entry will be disqualified. The multiple-choice options and corresponding answers will change each day during the Contest Period.
· A written statement of no more than approximately fifteen hundred (1500) characters answering the following question: “Why do you deserve to win the Prize?” (the “Statement”)
· Contestant will also be required to check a box acknowledging that Contestant is at least 18 years of age and another box that Contestant has read and accepts the Contest’s Official Rules.
LIMIT: One (1) entry per Contestant per Entry Period during the Contest Period. In the event a Contestant submits multiple qualifying entries during the (1) week period, Sponsor will judge the first entry submitted with the correct answer and reject the remainder.
Contestant must complete the entry form and provide the correct baseball themed winning word and Statement in order to be entered into the Contest. Contestant must provide a Statement each time Contestant completes the entry form. Failure to provide both the correct baseball themed winning word and Statement as part of each entry form will invalidate Contestant’s entry. Contestant’s entry must be received by Sponsor between Monday, June 17, 2019 at 6:00 a.m. Pacific Time (“PT”) and 11:59:59 p.m. PT on Friday, July 12, 2019.
A qualifying entry requires all of the following elements submitted via the ellentube app or website:
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 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 correct baseball themed winning word, as described above.
4. 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 Contest Entities that the entry, in Sponsor’s sole discretion: (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 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, qualified entries are sorted based on the Entry Period Contestants submitted and voted on by a qualified panel of judges selected by Sponsor in Sponsor’s sole discretion. The winning Statements will be determined, at the sole discretion of the judging panel, based on the following Judging Criteria:
1) Originality of the Statement: 20%
2) Creativity of the Statement: 20%
3) Statement’s premise (i.e. clarity of expression) in relation to the theme of the Contest (i.e. tell us why you deserve to win): 60%
The Statement from each week of entries that receives the most votes by the judges will receive the Prize (as defined below). Each Contestant is only eligible to win one Prize. The winning Statements will be selected by the judges on or before September 1, 2019. 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 selected, according to the Judging Criteria.
All prizes legitimately claimed will be awarded.
PRIZE: Four (4) Prizewinners (i.e. one (1) Prizewinner per Entry Period) will receive the following:
· A one-time payment of Twenty Thousand US Dollars ($20,000.00).
The total ARV of all prizes awarded in this Contest is: $80,000.
Except where prohibited, the Prizewinners will be required to review and execute further contracts and releases provided by Sponsor in order to receive the applicable Prize.
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.
Prizewinners will be announced and posted on ellentube.com/chevysummer on or before October 1, 2019
ADDITIONAL PRIZE INFORMATION:
The Prize consists only of the elements expressly set forth above, and no other elements or expenses, including those not listed above. The Prizewinner is responsible for any taxes and/or expenses. Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen Prizes.
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, 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 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.
Any use of any of the Contest Entities’ trademarks or copyright interest is strictly prohibited and may subject Contestant to civil and/or criminal liability.
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. Entrants agree not to issue any publicity concerning the Contest Entities.
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.
Waivers, disclaimers and RELEASEs:
By participating in the Contest, Contestant agrees to release, discharge 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, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Contest and/or related to 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, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from 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: (a) 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; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Contest; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree and 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, the Game Piece or Sponsor or affiliated entities’ respective websites, 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 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. Sponsor is 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. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims
SUSPENSION / MODIFICATION / TERMINATION:
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 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 Prizewinners 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:
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 MAY, IN ITS 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 ON 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 New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s 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.
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 Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant’s residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. 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 DAWN Syndicated Productions, Inc.
3500 West Olive, Suite 1000
Burbank, CA 91505
For a copy of these Official Rules, go to the ellentube.com/chevysummerWWrules
© 2018 Telepictures Productions Inc. All rights reserved.