Ellen’s Farewell Season Premiere Giveaway

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  THIS IS A SWEEPSTAKES OF SKILL.  VOID WHERE PROHIBITED.  The entry period for the “Ellen’s Farewell Season Premiere Giveaway” (“Sweepstakes"), sponsored by WAD Productions, Inc. (“Sponsor”), begins Tuesday, August 17, 2021, at 6:00:00 a.m. Pacific Standard Time (“PST”) and ends at 5:59:59 a.m. PST on Monday, August 23, 2021 (the “Sweepstakes Period”).  All federal, state and local laws and regulations apply.  Proof of submitting a Sweepstakes entry will not be deemed by Sponsor as proof of receipt of entry into the Sweepstakes.  Any attempted form of entry into the Sweepstakes other than as described herein is void.

ELIGIBILITY:

The Sweepstakes 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) (“Entrant”). Neither Sponsor nor employees of Sponsor, “The Ellen DeGeneres Show,” Warner Media, Warner Bros. Entertainment, Telepictures Productions Inc., and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the "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 Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses.   By entering this Sweepstakes, Entrants 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: Entrant may enter the Sweepstakes by visiting the website www.ellentube.com or the ellentube app (download the free application from the Apple iOS or Google Android app store).

If the Entrant meets the eligibility criteria set forth above, then in order to enter, Entrant must  visit the website www.ellentube.com or the ellentube app (download the free application from the Apple iOS or Google Android app store) (each a "Platform") and follow the instructions to be directed to a landing page to enter the Sweepstakes.

By submitting any entry into the Sweepstakes, whether complete or not and whether eligible or not, each entrant represents and warrants to Sponsor and the Sponsor Entities that the entry  (a) 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; (b) is not defamatory, libelous, obscene, or otherwise illegal; and (c) 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: Entrants are permitted to submit an unlimited number of entries during the Sweepstakes Period.

WINNER SELECTION AND PRIZE CLAIMING:

There will be one (1) winner selected in this Sweepstakes.  The potential winner(s) will be selected through a random drawing on or about August 24, 2021 from all eligible entries received in accordance with these Official Rules.  Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winner(s).  Decisions of the Sponsor as to the selection of the winner(s) will be final.  The potential winner(s) will be notified using the information provided during entry by any of email, telephone, mail, a post on the potentially winning entry or through a direct message on a social media platform (if applicable) (method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after the drawing.  The potential winner must respond within forty-eight (48) hours and in accordance with the instructions in the notification or the prize may, in Sponsor’s sole discretion, be forfeited.  The Sweepstakes 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.  A 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 Sweepstakes 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. 

Each potential winner may be required to submit an affidavit of eligibility/ release of liability/ prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize(s).  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 any 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 Sweepstakes 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.

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

PRIZE:

The prizes to be awarded in this Sweepstakes are: two (2) VIP tickets to attend the taping of the Ellen Farewell Season Premiere show in Los Angeles, California including travel and hotel accommodations. ARV: $4,500 but may vary based on the winner’s geographic location.   Prize(s) are non-transferable, with no cash redemptions, 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 details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with his or her prize(s), the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value.  All prize(s) are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  Prize winner(s) will be solely responsible for all federal, state, local and/or provincial taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether they, in whole or in part, are used.  The approximate retail value (“ARV”) of the prize(s) 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.  The winner(s) may be required to provide Sponsor with a valid social security number (if winner is residing in the U.S.) before the prize(s) will be awarded for tax reporting purposes.  An IRS Form 1099 may be issued in the name of winner(s), 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.  Unclaimed prize(s) will be forfeited.  Prize(s), if legitimately claimed, will be awarded.  The Sweepstakes 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 Sweepstakes 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 Sweepstakes 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.  Limit of one (1) prize per person.

Sponsor will be awarding one (1) “Trip Prize” consisting of: (i) two (2) roundtrip economy/coach airline tickets for the winner and one (1) companion via a Sponsor-selected air carrier(s) from a major commercial airport selected by Sponsor in its sole and absolute discretion; (ii) a hotel stay (one (1) standard room based on double occupancy) for the winner and one (1) companion in Los Angeles, CA metropolitan area; and (iii) two (2) VIP tickets to the Ellen Farewell Season Premiere show taping. The total ARV for the Trip Prize is Four Thousand Five Hundred Dollars ($4,500 (USD).  Actual retail value of Trip Prize may vary depending on point of departure, travel dates and fare/rate fluctuations.  If the actual value of the prize is less than the stated ARV, the difference will not be awarded.  All travel arrangements must be made through the Sponsor or Sponsor’s designee.  Certain restrictions and blackout dates may apply.  The winner of the Trip Prize must travel as and when designated by Sponsor or the Trip Prize may be forfeited and an alternate randomly selected winner chosen.

The Trip Prize winner and his or her travel companion must travel together on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable.  It is the responsibility of the Trip Prize winner and his or her companion(s) to provide proper documentation (including government issued picture identification).  All aspects of the travel portions of the Trip Prize must be conducted on such dates as determined by Sponsor in its sole and absolute discretion.  The dates of departure and return are subject to change at Sponsor’s sole and absolute discretion.  Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles.  All airline tickets are subject to flight variation, work stoppages, and schedule or route changes.  Sponsor reserves the right to structure travel route and select hotels in their sole and absolute discretion.  The Trip Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules.  The round trip air transportation element for the Trip Prize begins and ends at the point of departure.  The Trip Prize is subject to seat and hotel availability, as well as Sponsor’s terms and conditions generally applicable thereto.   If in the judgment of Sponsor air travel is not required due to winner’s proximity to Trip Prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole and absolute discretion.  The difference in value will not be awarded to the Trip Prize winner. 

Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Trip Prize-related services or accommodations.  Sponsor is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay.  No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor.  Additional prize award details and travel information to be provided to the Trip Prize winner at the time of Trip Prize notification.   Trip Prize winner and companion(s) are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.  The Trip Prize winner may be required to provide a credit card at the time of hotel check-in.  Companion(s) of Trip Prize winner must be at least the age of majority in his or her state/province of residence as of the date of departure.  Travel companion must execute liability/publicity releases prior to issuance of travel documents.  Once a travel companion is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion.  Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by Sponsor’s transportation carrier(s) of choice.  Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged.  All expenses not specifically mentioned herein, are not included as part of any Trip Prize package, and are solely the Trip Prize winner’s responsibility, including, but not limited to: hotel taxes, additional ground transportation at the Trip Prize winner’s destination(s), travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges.  Transportation carrier and hotel regulations and conditions apply.  Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the Trip Prize winner.

If, for whatever reason, the event associated with the prize is cancelled after the prize is awarded, Sponsor’s liability for the prize is limited only to the non-event portions of the prize.  No compensation will be paid in lieu of the cancelled event.  The tickets to the event are subject in all respect to the terms and conditions set forth on the tickets and any requirements of the facility hosting the event.  Seat locations (if applicable) will be determined by Sponsor.  The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the tickets unless Sponsor consents in writing.  In the event a prize winner (and/or his or her companion(s) (if applicable)) engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the applicable experience early.  Decisions regarding the conduct of the winner(s) and guest (if applicable) in all aspects of their participation in the prize event/activity will be in the sole discretion of Sponsor, and any of Sponsor’s representatives and final and binding in all respects.  Winner(s) and guest(s) may be removed or disqualified from participating in any aspect of the prize for any reason at any time, including, without limitation, creating an unauthorized disturbance, interruption or unnecessarily rough physical contact, creating the potential for injury or property damages, or for any unhealthy, unsafe, unlawful, or inappropriate act.  If a winner or guest who, in the opinion of Sponsor or any of Sponsor’s representatives, is considered a physical or mental threat to the well-being of any other individual, he/she may be removed from any premises relating to the prize and winner consents to such removal.

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.

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.

PUBLICITY GRANT:

Except where prohibited by law or Sponsor’s Privacy Policy, the Prize winner 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 (including city and state of residence) and any other information contained in his/her entry on a worldwide basis, and in all forms of media now known or hereafter invented or discovered (including, without limitation, on the Sponsors’ web sites), in perpetuity, without further compensation, notice, review or approval.

NO WARRANTIES:

ALL PRIZES ARE PROVIDED “AS IS” AND “with all faults.” SWEEPSTAKES 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 Sweepstakes by such companies.

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 SWEEPSTAKES, PARTICIPANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ALL SWEEPSTAKES 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 SWEEPSTAKES 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 SWEEPSTAKES ENTITIES. 

 

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.

GENERAL CONDITIONS OF ENTRY:

 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.

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. 

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. 

 

Winners List:

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.  

© 2021 WAD Productions, Inc.  All rights reserved.