Ellen’s Game of Games Presents: Unlock What’s Inside! Sweepstakes

OFFICIAL RULES

· NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

· VOID WHERE PROHIBITED BY LAW. 

· AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. 

· ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. 

· APP ENTRY ONLY AND INTERNET CONNECTION REQUIRED

· NOTE TO ALL MINOR ENTRANTS:  YOU MUST ASK YOUR PARENT OR LEGAL GUARDIAN FOR PERMISSION AND HELP TO ENTER.  EACH WINNER'S PARENT/LEGAL GUARDIAN WILL BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND REQUIRED TO EXECUTE THE PRIZE ACCEPTANCE DOCUMENTS OR THE PRIZE MAY BE FORFEITED.  EACH MINOR ENTRANT’S PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE OFFICIAL RULES BOTH INDIVIDUALLY AND ON BEHALF OF MINOR ENTRANT.

BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS (AND A MINOR ENTRANT’S PARENT OR LEGAL GUARDIAN ON MINOR’S BEHALF) AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1.   ELIGIBILITY:  The “Unlock What’s Inside! Sweepstakes” (“Sweepstakes"), sponsored by Fudd Ink (“Sponsor”),  is open to individuals who are legal residents of and physically residing in the United States (50 states and District of Columbia, but specifically excluding the territory of Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever prohibited by law). Neither Sponsor nor employees of Sponsor, “The Ellen DeGeneres Show”, WAD Productions Inc, Ellen Digital Ventures, Warner Media, Warner Bros. Entertainment, Telepictures Productions Inc., HitPoint 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 "Sweepstakes Entities”) are eligible to participate in the Sweepstakes 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. Void where prohibited by law.  By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.

2.  ENTRY PERIOD: The Sweepstakes entry period begins Tuesday, August 11, 2020, at 6:00 a.m. Pacific Standard Time (“PST”) and ends at 11:59 p.m. PST on Monday, August 31, 2020 (“Entry Period”).

 

3.  HOW TO ENTER: During the Entry Period, there are two (2) ways to enter the Sweepstakes, as outlined below.  

 

Option #1  

 

Ellen’s Game of Games app: Download the free Game of Games application (the “App”) from the Apple iOS or Google Android app store and follow the guidelines below:

 

i.                Players are eligible to begin the “Unlock What’s Inside!” event where players collect Keys, a limited-time event currency, by winning mini-game matches as well as in game prize boxes. As players earn more Keys, they progress further along the event map/game board to earn more entries to the drawing for a chance to win the Prize.

ii.               Earning Keys: To earn Keys, players can choose to play the in-app game “Hot Hands,” “Make It Rain,” or “One Eyed Monster.”  Each time you win a match, you will earn the listed amount of Keys. Winning a match also awards you a prize box, which when opened will contain additional Keys. If the round is lost, you will not win any Keys. 

iii.              As you move along the event map by playing the games and collecting Keys, you will reach event map reward tiers. At each reward tier you will redeem the Keys collected for in-game rewards and sweepstakes entries.

iv.              The further you progress on the event map, the more entries you will earn. By completing the entire event map, you can earn a maximum of 100 entries.

v.               To enter the Sweepstakes using your entries, you must tap on the ticket box at the top right-hand corner of the event map. You will be prompted to tap on the green “Add Entries” button to submit an official entry form, which will include, among other things, your full name, address (no P.O. Boxes), email address and related registration information as prompted.  You must complete and submit the entry form with all required information for your entry to be eligible.

 

Option #2  

 

Alternative Method of Entry: To enter without playing the App, during the Entry Period, complete the entry form located at https://airtable.com/shrKbJFy3PCj04YNT

 

 

You will receive one (1) entry into the Sweepstakes per each entry form submitted. By submitting an entry, you are acknowledging that you have read and have accepted these Official Rules. All entries submitted become the exclusive property of Sponsor and will not be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, illegible, misdirected, or postage-due entries, which will be disqualified.

 

 

4.  LIMIT:  You may receive up to one hundred (100) Sweepstakes entries during the Entry Period, regardless of method of entry. Subsequent attempts made by the same individual to obtain more than the stated number of entries by using multiple or false contact information, accounts or otherwise will result in the entrant being disqualified.  Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and will be disqualified.  Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules will be disqualified from the Sweepstakes.  Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.  In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry or social media account for the domain associated with the submitted address provided that person is eligible.  Winner(s) may be required to show proof of being the registered account holder.  Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses.  In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  The Sponsor’s designated database clock will be the official timekeeper for this Sweepstakes.  Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.  All entrants submitting materials/content as part of the Sweepstakes will be non-exclusively licensing (with the unlimited right to sublicense) to Sweepstakes Entities the right to use such materials, and the images related thereto (including entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof.   Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations.  Any entrant posting or submitting content with obscene or other inappropriate material may be disqualified by Sponsor, in its sole and absolute discretion.  The Sweepstakes Entities may run multiple campaigns, contests, sweepstakes or other promotions simultaneously.  Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.

 

 

5.  WINNER SELECTION AND PRIZE CLAIMING:

One (1) prize winner will be selected from all eligible entries received during the Entry Period.  The prize winner will be selected by random drawing conducted by Sponsor on or before September 8, 2020.  Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winner.  Decisions of the Sponsor as to the selection of the winner will be final.  The potential winner will be notified using the information provided during entry by any of the following methods (to be selected by Sponsor in its sole discretion) email, telephone, mail, a post on the potentially winning entry or through a direct message on a social media platform (if applicable) in a commercially reasonable time after the drawing. The potential winner must respond within twenty-four (24) hours and in accordance with the instructions in the notification or the prize may, in Sponsor’s sole discretion, be forfeited.  The Sponsor Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information.  Notification is deemed to have occurred immediately upon sending of an email and/or direct message on a social media platform, placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing.  The potential prize winner who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance so use of a P.O. Box is discouraged.  The Sponsor Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages. 

 

The potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement, or other documents(s) as required by Sponsor (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize.  If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified, and an alternate winner may be selected.  Non-compliance shall result in disqualification and award of the prize(s) to an alternate winner.  Parents or legal guardians of any prize winner under the age of majority in their state/jurisdiction of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit in order for the prize winner to be qualified to receive his or her prize(s).  If the potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified, and an alternate potential winner may be selected.  If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s).  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  The Sponsor Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.

 

 

6.  ODDS.  Odds of winning will depend upon the total number of entries received.

 

7.  PRIZES:

 

One (1) winner will receive a onetime payment of Five Thousand US Dollars ($5,000).

 

Prize is non-transferable, with no equivalents or substitutions except at Sponsor’s sole and absolute discretion.  All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion.  Prize winner will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the prize they receive.  The winner may be required to provide Sponsor with a valid social security number before the prize will be awarded for tax reporting purposes.  An IRS Form 1099 may be issued in the name of winner, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize(s) received. The approximate retail value (“ARV”) of the prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Unclaimed prize(s) will be forfeited.  Prize, if legitimately claimed, will be awarded.  The Sponsor Entities are not responsible for and will not replace any lost, mutilated or stolen prize(s) or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address.  If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Sponsor Entities will have no further obligation with respect to that prize or portion of the prize.  No more than the stated prize(s) will be awarded.  The total ARV of all of the prizes awarded in Sweepstakes is Five Thousand US Dollars ($5,000). The Sponsor 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 Sweepstakes-related correspondence or material.   

 

8.  PUBLICITY RELEASESubject to applicable law, winner(s) irrevocably grant the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness, state of residency, and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any compensation, obligation, notice or consideration except for the awarding of the prize(s) to the winner(s).

 

9.  PRIVACY STATEMENT: Personal information will be utilized by the Sponsor for fulfillment of Prizes and to comply with legal requirements. To review Sponsor’s privacy policy, go to http://www.warnerbros.com/privacy-center-wb-privacy-policy. To review Sponsor’s terms of use, go to http://www.warnerbros.com/term-use. By entering this Sweepstakes, entrant accept and agree to abide by these privacy policies and terms of use.

 

10.  TAMPERING WITH SWEEPSTAKES: The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes.  Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified.  Additionally, any attempt to cheat the Sweepstakes, 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 sweepstakes.  ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES 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.

 

11. SUSPENSION / MODIFICATION / TERMINATION:  In the event Sponsor is prevented from continuing with the Sweepstakes 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 Sweepstakes 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 Sweepstakes or prize.  Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes, 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 Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.

 

12.  RELEASE, HOLD HARMLESS AND INDEMNIFICATION:

 

BY PARTICIPATING IN THE SWEEPSTAKES, 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 SWEEPSTAKES 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 SWEEPSTAKES (INCLUDING TRAVEL TO/FROM ANY SWEEPSTAKES 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 SWEEPSTAKES 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 SWEEPSTAKES 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 SWEEPSTAKES; 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 SWEEPSTAKES 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 SWEEPSTAKES THAT MAY INTERFERE WITH THE SWEEPSTAKES (INCLUDING ANY LIMITATIONS, ANY RESTRICTIONS, OR ANY CONDITIONS ON SPONSOR’S ABILITY TO USE THE SOCIAL MEDIA PLATFORM FOR THE SWEEPSTAKES 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 SWEEPSTAKES.  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. 

 

13.   ENTRY INFORMATION AND SWEEPSTAKES COMMUNICATIONS:  As a condition of entering the Sweepstakes, each entrant (or entrant’s parent if entrant is under the age of majority in their state/jurisdiction of residence) 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 Sweepstakes 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 Sweepstakes or on a Sweepstakes winner’s list.

 

14.   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 Sweepstakes 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 SWEEPSTAKES, 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 SWEEPSTAKES, 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.  

 

15.   DISPUTE RESOLUTION:  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 Sweepstakes 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.

 

16.   MISCELLANEOUS:  The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.  

 

17.   WINNER’S LIST:  For the name of the winner, 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 Sweepstakes winner’s list you are requesting by referencing the name of the Sweepstakes in your request.

18. SPONSOR:  Fudd Ink 3500 West Olive, Suite 1000, Burbank, CA 91505.  

© 2020 Telepictures Productions Inc.  All rights reserved.