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 Presents: A Decent Proposal, James Allen Engagement Ring Contest” (“Contest"), sponsored by WAD Productions Inc. (“Sponsor”), begins Monday, April 22nd, 2019, at 05:00:00 p.m. Pacific Time (“PT”) and ends at 11:59:59 p.m. PT on Thursday, May 16th, 2019 (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 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”, Time Warner, Warner Bros. Entertainment, Telepictures Productions Inc., James Allen 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.
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 Contestant he/she must go to the ellentube webpage located at https://www.ellentube.com/design-your-dream-engagement-ring during the Contest Period and follow the steps below:
A. Contestant must design a ring on JamesAllen.com
B. Contestant must take a screenshot of their completed ring to include SKU (photo) and upload to ellentube.com/design-your-dream-engagement-ring
C. Contestant must upload 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”)
D. Contestant must submit the following information:
· Personal Information: Contestant’s first name, last name, e-mail address, home phone number, mailing address, and date of birth (“Personal Information”).
· 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 this Contest’s Official Rules.
LIMIT: One (1) entry per Contestant during the Contest Period. In the event a Contestant submits multiple entries during the (4) weeks period, Sponsor will judge the first entry submitted and reject the remainder.
Contestant’s entry must be received by Sponsor between Monday, April 22, 2019 at 5:00:00 p.m. PT and 11:59:59 p.m. PT on Thursday, May 16, 2019.
A qualifying entry requires all of the following elements submitted via https://www.ellentube.com/design-your-dream-engagement-ring
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 Photo, 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 and has not been published or entered in any other sweepstakes or contest; (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 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, entries Photo’s 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) Creativity: Quality and Aesthetic of the ring design in the Photo (25%)
2) Originality: Originality of the ring design in the Photo (25%)
3) Statement’s premise (i.e. originality, clarity of expression, and creativity) in relation to the theme of the
Contest (i.e. tell us about your significant other, dream engagement ring, and why you deserve to win) (50%)
The Contestant with the Photo/Statement receiving the most votes by the judges will receive the Grand Prize (as defined below). The Prizewinners will be selected by the judges on or before June 13, 2019. In the event of a tie, the potential winner(s) will be the Contestant whose Photo scored the highest for originality, as determined by the judges and continuing thereafter in each category until the tie is broken.
The Winner of the Grand 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. Only three (3) alternate qualifying and eligible Contestants may be contacted.
All prizes legitimately claimed will be awarded.
· Grand Prize: The Prizewinner with the greatest number of votes will receive one (1) James Allen engagement ring as design in the uploaded photo.
Estimated Retail Value (“ERV”) of the Grand Prize is between $15,000. Actual Retail Value (“ARV”) may vary. Any difference between the ERV and ARV will not be awarded.
Except where prohibited, the Prizewinner 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.
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, 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.
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 and 3M Company 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.
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 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.
DISCLAIMERS / LIMITATIONS ON LIABILITY:
By ENTERING, ALL PARTICIPANTS IN THE CONTEST agree that THE CONTEST ENTITIES assume no liability whatsoever for injuries or damages of any kind sustained in connection with CONTESTANT’S ENTRY INTO THE CONTEST, THE use, acceptance, possession or awarding of ANY prize, 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 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 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 participant agrees (i) that any or all lawsuits brought by participants 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 any Prize awarded shall be resolved individually, without resort to any form of class action. Contest participants 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 contest participants 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.
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
© 2017 Telepictures Productions Inc. All rights reserved.