007 WEEKEND GIVEAWAY SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
WINNER(S) WILL BE REQUIRED TO RESPOND TO AN INITIAL WINNER NOTIFICATION FROM SPONSOR (DEFINED BELOW) WITHIN FORTY-EIGHT (48) HOURS AND MAY THEREAFTER BE REQUIRED TO EXECUTE AND RETURN PRIZE-ACCEPTANCE DOCUMENTS, ALL ACCORDING TO THE NOTICE(S) FROM SPONSOR, OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION).
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK INC. (“FACEBOOK” OR “SOCIAL MEDIA PLATFORM”).
BY PARTICIPATING IN THIS SWEEPSTAKES YOU AGREE TO RELEASE FACEBOOK FROM ANY CLAIMS ARISING FROM YOUR PARTICIPATION IN THIS SWEEPSTAKES. FURTHERMORE, EACH ENTRANT TAKES FULL RESPONSIBILITY FOR COMPLYING WITH THE SOCIAL MEDIA PLATFORM’S GUIDELINES FOR PROMOTIONS WHEN PARTICIPATING IN THIS SWEEPSTAKES.
INTERNET ACCESS AND A VALID FACEBOOK ACCOUNT (“SOCIAL MEDIA ACCOUNT”) ARE REQUIRED FOR ENTRY.
BY ENTERING THIS SWEEPSTAKES, YOU FULLY AND UNCONDITIONALLY AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. BY ENTERING INTO THIS SWEEPSTAKES YOU ALSO AGREE FULLY AND UNCONDITIONALLY TO SPONSOR’S DECISIONS. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU, A LIMITATION OF YOUR RIGHTS AND REMEDIES, BINDING ARBITRATION OF CLAIMS, WAIVER OF CLASS-ACTION CLAIMS, AND WAIVER OF THE RIGHT TO TRIAL BY JURY.
SPONSOR: The 007 Weekend Giveaway Sweepstakes (“Sweepstakes”) is sponsored by ThisTV, LLC, 245 N. Beverly Drive, Beverly Hills, CA 90120. (“Sponsor”). Sponsor may run similar promotions at or around the same time period as this Sweepstakes. Those promotions are separate from this Sweepstakes and entry into this Sweepstakes does not constitute entry into any other promotion (including any other sweepstakes).
TIME PERIOD FOR THE SWEEPSTAKES: The Sweepstakes overall runs from May 1, 2020 through May 30, 2020, but it consists of four separate entry periods as follows (each shall hereinafter be referred to as a “Weekend Entry Period,” or collectively, “Weekend Entry Periods”):
“First Weekend Entry Period:” The First Weekend Entry Period shall commence on May 1, 2020 beginning with Sponsor’s Facebook promotional post (the “Sweepstakes Post”) announcing the commencement of this weekend Sweepstakes entry period, and shall end at 11:59pm (ET) on May 3, 2020.
“Second Weekend Entry Period:” The Second Weekend Entry Period shall commence on May 8, 2020 beginning with Sponsor’s Sweepstakes Post announcing the commencement of the Second Weekend Entry Period, and shall end at 11:59pm (ET) on May 10, 2020.
“Third Weekend Entry Period:” The Third Weekend Entry Period shall commence on May 15, 2020 beginning with Sponsor’s Sweepstakes Post announcing the commencement of the Third Weekend Entry Period, and shall end at 11:59pm (ET) on May 17, 2020.
“Fourth Weekend Entry Period:” The Fourth Weekend Entry Period shall commence on May 22, 2020 beginning with Sponsor’s Sweepstakes Post announcing the commencement of the fourth weekend Sweepstakes entry period, and shall end at 11:59pm (ET) on May 24, 2020.
Sponsor’s clock will be the official timekeeper for this Sweepstakes. Your Entry Post (as defined below) must remain active on the Social Media Platform and viewable to Sponsor throughout the applicable Weekend Entry Period, winner selection and prize award period for that particular weekend Sweepstakes.
ELIGIBILITY: This Sweepstakes is open only to legal residents of any one (1) of the fifty (50) United States and the District of Columbia (“Territory”) who are at least 18 years old and the age of majority in their jurisdiction of residence (which is 18 in most states, but is 19 in AL and NE and 21 in MS), and who are registered users of Facebook in good standing from the date of entry into the Sweepstakes through the prize fulfillment process.
Each eligible person who enters this Sweepstakes unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor. Corporate entities are not eligible and have no right to claim any prize won by their employees. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, its advertising and promotion agencies or other entities participating in the design, promotion, marketing, administration or fulfillment of this Sweepstakes, as well as each of their respective parent corporations, subsidiaries and affiliated companies (“Sweepstakes Entities,” collectively, with Facebook (the “Released Parties”) and members of their immediate families (defined for these purposes as including any spouse, domestic partner, parent, legal guardian, child, legal ward, sibling, grandparent, or grandchild and each of their respective spouses), regardless of where they live and individuals living in the same household as such persons (whether or not related) are not eligible to participate. This Sweepstakes is void outside of the Territory and where prohibited by law.
HOW TO ENTER: If you meet the eligibility requirements, you may enter this Sweepstakes by logging into your Facebook account (or creating such Facebook Account if you do not already have one) and posting a public comment pertaining to Sponsor’s Sweepstakes Post for the particular Weekend Entry Period.
The afore-mentioned public posts shall be referred to herein as “Entry Posts.” Sponsor will track the Entry Posts and Sponsor’s decision (as made in its sole discretion) to accept or reject a purported Entry Post shall be final and binding on all entrants. Your Entry Post must be completed during the applicable Weekend Entry Period to be eligible for the drawing for that particular Weekend Entry Period. By completing the Entry Post to Sponsor’s satisfaction during the Weekend Entry Period, you will earn one (1) entry into the Sweepstakes.
Simply amending or adding tags to a post previously made on Facebook will not earn an entry in this Sweepstakes. In making an Entry Post, you may have the opportunity to include other content (such as images, captions or text) in addition to the Entry Post (collectively with the Entry Post, “Entrant Content”). All Entrant Content must comply with these Official Rules (including without limitation, the Submission Requirements section below) and the Social Media Platform’s terms (Facebook’s Terms of Service is available at https://www.facebook.com/terms.php.) Your Entry Post will not be deemed an entry in the Sweepstakes until Sponsor verifies that it meets all the Submission Requirements detailed below; but the substantive content of the Entry Post will not otherwise affect your chances of winning.
Entries must be received and identifiable by Sponsor during the applicable Sweepstakes Weekend Entry Period or they will be void. Entries are “received” when the Social Media Platform’s database records the completed Entry Post and the Entry Post is viewable by Sponsor. Other proof of submitting an entry (such as a printed or copied screenshot of your purported Entry Post) does not constitute actual receipt of the entry for purposes of this Sweepstakes. Sponsor may not be able to view the purported Entry Post or otherwise receive entries or detect participation from Social Media Platform users whose accounts are set to “private” (i.e., where user has set his or her account so that only people the user has approved can view their posts) due to the way a Social Media Platform operates its service. It is each entrant’s responsibility to timely set his/her/their account setting so that Sponsor is able to view the Entry Post. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect a purported Entry Post from being located using a search to find eligible entries. Sponsor at its sole discretion may accept or disqualify a purported Entry Post that omits any requirement or is technically incorrect. Purported Entry Posts that are not both actually visible and received by Sponsor during the Sweepstakes Period will not be entered into the Sweepstakes. Each entrant must be the rightful owner of the Social Media Account, and corresponding email account, utilized for entry.
Entrant’s Entry Post must remain active and visible to Sponsor throughout the winner-selection process and award of the prize(s) for the particular Weekend Entry Period that the contestant enters, and Sponsor may, in its sole discretion, disqualify any entrant whose Entry Activity is reversed prior to award of the prize(s). Purported Entry Posts that are incomplete, received outside the applicable Weekend Entry Period, or contain obscene, offensive, or any other language or imagery communicating messages inconsistent with the positive images with which Sponsor wishes to associate itself (all as determined by Sponsor in its sole discretion) will be void. Sponsor is not responsible for changes to any Social Media Platform policy or platform functionality that may interfere with the Sweepstakes or the ability of an entrant to timely enter or otherwise participate in the Sweepstakes.
Sponsor may not be able to view purported Entry Activity, receive or send communications, or otherwise detect participation from or interact with entrants who have set their Social Media Account’s privacy settings to protect their posts or to limit those from whom the user can receive direct messages. If entrant restricts which Social Media Platform users may send him/her a direct message and the entrant does not follow the Sponsor Account(s), Sponsor may not be able to receive or provide communications for purposes of administering this Sweepstakes, which could result in entrant being disqualified and ineligible to win a prize It is each participant’s responsibility to set his or her account settings to ensure that any purported Entry Activity is made publicly, to accept communications by Sponsor, and to timely check his or her account for any comments, @replies, messages, or other communications from Sponsor.
Limit one (1) entry per person, per Weekend Entry Period. Entrants may enter the Sweepstakes only once per Weekend Entry Period. Subsequent attempts made by the same individual to submit multiple entries per Social Media Platform (including via different Social Media Accounts on such Platforms, by repeatedly completing and then reversing an Entry Post, or by any other means or method), in violation of these conditions are void and persons engaging in such conduct may, in Sponsor’s sole discretion, be disqualified.
Normal Internet access and usage charges imposed by your Internet Service Provider may apply. Those who use a mobile device to enter the Sweepstakes may incur data/usage charges. Those who do not abide by these Official rules and the instructions of Sponsor or its representatives (including those in the Sponsor’s Post) and provide all required information and content in their entry (if any), may, in Sponsor’s sole discretion, be disqualified and any associated entry by such person void. Purported entries that are fraudulent, incomplete, lost, late, misdirected, illegitimate, forged, altered, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Such entries will not be acknowledged. Entries or participation made on your behalf by another, made by you on behalf of any other individual, or made by any entity or group, and/or originating at or using any website or online service not operated by the Social Media Platform or as necessary for such Social Media Platform(s) services to function, including, without limitation, through a commercial promotion subscription, notification, and/or entering service, will be declared invalid and disqualified for this Sweepstakes.
SUBMISSION REQUIREMENTS: If you submit any Entrant Content, that Entrant Content must meet all of the requirements in these Official Rules, including the following, or the associated entry will be disqualified:
- If your Entrant Content depicts or mentions any identifiable person other than you, you agree that (a) such person is 18 years old or older and the age of majority in his or her state of residence and you have that person’s approval to include his or her name, likeness, or image in the Entrant Content and submit it in this Sweepstakes and can provide Sponsor proof of that approval in writing upon Sponsor’s request and within the timeframe requested or (b) such person is your own minor child or ward and you are capable of granting such approval on behalf of him or her.
- All aspects of the Entrant Content must be originally created by and solely owned by you (or be in the public domain). No other person or entity may have rights to your Entrant Content. Except for materials in the public domain, all third-party content and content unoriginal to you is prohibited. You may, however, make positive, non-disparaging reference to the Gretel & Hansel motion picture or talent, characters and plot points therefrom in your Entrant Content, but may not include any images, clips, music or quotes from the Gretel & Hansel motion picture.
- Entrant Content must not create or imply any association between Sponsor and any individual or entity or his, her, or its products or services.
- Entrant Content must not contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products, or commercial artwork other than those of Sponsor.
- Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity.
- Entrant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory (including trade libelous), disparaging, unlawfully harassing, threatening, profane, obscene, pornographic, hateful, indecent, inappropriate, or injurious to any Released Party or any other party. Entrant Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules, or regulations.
- Entrant Content must be suitable for presentation in a public forum.
- Entrant Content must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.
- Entrant Content must comply with any terms, policies or guidelines applicable to your use of the Social Media Platform.
- You agree that your participation in the Sweepstakes and agreement to these Official Rules and any Sweepstakes Entity’s display and use of the Entrant Content permitted under these Official Rules will not violate any agreement to which you are a signatory or party.
- To the fullest extent permitted by applicable law, you agree to indemnify the Released Parties against any and all claims from any third party for any use or reuse by any Sweepstakes Entity of the Entrant Content permitted under these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify from the Sweepstakes any entrant whose Entrant Content refers, depicts, or in any way reflects negatively upon a Sweepstakes Sponsor, the Sweepstakes, or any other person or entity or does not comply with any provision of these Official Rules (including the above Submission Requirements), all as determined by Sponsor in its sole discretion.
As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules.
ODDS AND WINNER SELECTION/NOTIFICATION: On or about the selection dates indicated below, up to ten (10) winner(s) per Weekend Entry Period will be selected in a random drawing from among all eligible entries received during such Weekend Entry Period:
- For the First Weekend Entry Period, Winners will be selected on or about May 4, 2020;
- For the Second Weekend Entry Period, Winners will be selected on or about May 11, 2020;
- For the Third Weekend Entry Period, Winners will be selected on or about May 18, 2020; and
- For the Fourth Weekend Entry Period, Winners will be selected on or about May 26, 2020.
Odds of winning a prize depend on the number of eligible entries received during the applicable Weekend Entry Period.
Within approximately five (5) business days of the particular weekend Sweepstakes prize drawing, Sponsor will attempt to contact the potential winner(s). Sponsor may contact the potential winner by posting/tweeting a comment on the potentially winning Entry Post on the applicable Social Media Platform instructing the potential winner to contact the Sponsor through such Social Media Platform’s direct message feature or through contact information provided in such comment. In addition, Sponsor may also or instead elect (but is under no obligation) to notify potential winner(s) by using the Social Media Platform’s direct message feature to the user account from which the potential winning entry originated.
The potential winner(s) will be required to respond to Sponsor as instructed within forty-eight (48) hours of Sponsor attempting to contact the potential winner as described above. Entrants are encouraged to monitor their Social Media Account for correspondence from Sponsor.
If any prize, prize notification, or Sweepstakes-related communication is rejected, faulty, or returned as undeliverable or if potential winner(s) do(es) not timely respond according to the notification’s or Sponsor’s instructions or otherwise fails to comply with these Official Rules, such prize of winner(s) may, in Sponsor’s sole discretion, be forfeited and an alternate winner may be selected (time permitting). Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. To claim a prize, each potential winner must follow the directions in his or her notification. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate potential winner, if any.
Potential prize winner(s) may, in Sponsor’s sole discretion, be required to complete, sign, have notarized (if applicable) and return an Affidavit of Eligibility and Liability/Publicity Release (unless prohibited by law) and tax documents, if applicable, or similar prize-acceptance documents (collectively, “Prize Winner Documents”) within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. The Prize Winner Documents, if applicable, must be received by Sponsor within five (5) business days. Sponsor sending the documents to the potential winner or other time frame as stated in the Prize Winner Documents, or prize may be forfeited, and an alternate winner may be selected. The prize claim and Prize Winner Documents are subject to verification by Sponsor. The prize(s), if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any prize for any reason, in which case that prize may go unawarded.
PRIZE(S) & APPROXIMATE RETAIL VALUE (“ARV”): There will be up to ten (10) winners selected at random for each Weekend Entry Period, for a total of up to forty (40) total winners for the entire four-weekend Sweepstakes. Subject to verification, each winner, will receive one (1) James Bond Funko doll. The Approximate Retail Value (“ARV”) of each such Funko doll prize is US$8.00). No other prizes will be awarded. The combined total ARV of all the prizes, if all are awarded, is US$320.00). The actual retail value of the prizes may vary depending on location, market conditions, changes in value of components, and other factors. Sponsor is not responsible for and winner will not receive the difference between the actual value of the prize at the time of the award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or materials.
Limit one (1) prize per person. While Entrants may enter the Sweepstakes during each of the Weekend Entry Periods, they will only be eligible to win one time, earning one (1) total prize. All prize details not specifically stated in the Sweepstakes Post or these Official Rules will be determined by Sponsor in its sole discretion. All taxes (federal, state, and local), as well as any expenses associated with prize acceptance and use and not specified in these Official Rules as being provided as part of the prize(s), are the sole responsibility of (each) winner. Mailed prize elements, if any, will only be mailed to a confirmed address of winner(s) in the Territory, unless otherwise agreed to by Sponsor. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen prize(s) or prize component, or any prize/prize component that is undeliverable or does not reach winner(s) because of incorrect or changed contact information. If winner(s) do(es) not accept or use the entire prize, the unaccepted or unused part of such winner’s prize will be forfeited, and Sponsor will have no further obligation with respect to that prize or portion of the prize. Sponsor is not responsible for any inability of winner(s) to accept or use any prize (or portion thereof) for any reason. Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of a prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prize(s) will be awarded. Entrants waive the right to assert, as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
FORCE MAJEURE: Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for delays or failure to supply a prize or any part thereof in the event that any of the Sweepstakes activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of a pandemic (including the Covid-19 Pandemic), epidemic, acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, fire, explosion, earthquake, flood, hurricane, severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above. Without waiver of any of the above, PLEASE NOTE THAT DUE TO THE CURRENT COVID-19 PANDEMIC AND RESULTING GOVERNMENT ORDERS AND OFFICE CLOSURES, SPONSOR’S PROVISION OF NOTICES AND PRIZES MAY BE DELAYED AND IS WITHIN SPONSOR’S SOLE DISCRETION.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, USE, MISUSE, OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY SWEEPSTAKES-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, LOSS, DEATH OR ACCIDENT TO/OF PERSON OR PROPERTY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WINNER(S) AGREE(S) THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entries, email, Social Media Platform direct message, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Sweepstakes-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. The Released Parties are not responsible for electronic communications that are undeliverable or otherwise not received or noticed by entrant as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or voicemail inbox to receive email or voicemail messages. Released Parties are not responsible, and Sponsor may disqualify you, if your email address, Social Media Account, or other contact information does not work or is changed without prior written notice to Sponsor.
LICENSE: By entering, except where prohibited by law, each entrant grants to the Sweepstakes Entities (and their agents, successors and assigns) the irrevocable, sublicensable, absolute and perpetual right and permission to use, edit, modify, copy, adapt, publish, display, perform, and exploit the Entrant Content in any and all media now existing or hereafter devised (including online) throughout the world, in any language, and in any manner for trade, advertising, promotional, commercial, or any other purposes, without further review, notice, approval, consideration, or compensation beyond the opportunity to win a prize in this Sweepstakes. Each entrant waives and releases the Sweepstakes Entities and Released Parties from any and all claims that entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Sweepstakes Entities’ exploitation of any Entrant Content without further notification or compensation to entrant of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties, each of their licensees, or any other person in connection with this Sweepstakes, on the grounds that any use of any Entrant Content or element thereof or derivative works therefrom in accordance with this license infringes or violates any of entrant’s rights (including MORAL RIGHTS) therein.
RELATIONSHIP OF THE PARTIES: Each entrant hereby acknowledges and agrees that the relationship between the entrant and each of the Sweepstakes Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to submit his/her entry for purposes of the Sweepstakes does not place any of the Sweepstakes Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant Content, other than as set forth in these Official Rules. Each entrant understands and acknowledges that Sponsor has wide access to ideas, images, and other creative materials. Each entrant also acknowledges that many ideas or images may be competitive with, similar to, or identical to his/her Entrant Content and/or each other in idea, components, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. Each entrant acknowledges and agrees that Sponsor does not now and will not have in the future any duty or liability (direct or indirect; vicarious, contributory, or otherwise) with respect to the infringement or protection of the entrant’s copyright in and to his/her Entrant Content or its constituent elements. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Sweepstakes Entity’s actual or alleged exploitation or use of any Entrant Content or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Released Party property or product, and entrant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
ADDITIONAL RULES: By entering the Sweepstakes (except where prohibited by law), each entrant grants the Sweepstakes Entities the irrevocable, sublicensable, absolute right and permission to use, publish, post or display her or his name, photograph, likeness, voice, prize information, Social Media Account handle, biographical information, city and state of residence, any quotes attributable to her or him and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sweepstakes Entities’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to her or him, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), worldwide, without any limitation of time, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and entrant waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules, acceptance or rejection of purported entries, determination of the winner(s), and awarding of prize(s). All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Participants further agree not to damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. Sponsor reserves the right to restrict or void online entries or participation from the Social Media Platform account or other identifiable source if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Sweepstakes. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials (including, without limitation, the Sweepstakes Post) and/or these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes structure or these Official Rules. If Sponsor determines, at any time and in its sole discretion, that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The Released Parties are not responsible and will have no liability for any purported Entry Activity or other content that is removed from the Social Media Platform for any reason at any time, including removal by Social Media Platform of content that would otherwise qualify as an Entry Activity in response to such content being “flagged” or reported as inappropriate. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Released Parties are not responsible for any changes to or unavailability of the Social Media Platform that may interfere with the Sweepstakes (including any limitations, restrictions, or conditions placed upon 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, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the prize(s) from eligible, non-suspect entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. In the event of a dispute concerning the identity of a participant, the participant will be declared to be the registered account holder of the email address associated with the Social Media Account used at the time of entry, but only if that person meets all other eligibility criteria, otherwise the entry may, in Sponsor’s sole discretion, be disqualified and any potential prize won forfeited. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW/DISPUTES/ARBITRATION: As part of these Official Rules, you and Sponsor each agree as follows (the “Arbitration Agreement”):
Any claim or controversy arising out of or relating to these Official Rules, your participation in the Sweepstakes or your receipt or use of any prize (including the arbitrability of any claim or controversy) shall be resolved by binding arbitration in accordance with the Federal Arbitration Act. THE PARTIES WAIVE THEIR RIGHTS TO FILE SUIT IN COURT TO ASSERT ANY ALLEGATION, CLAIM, OR CAUSE OF ACTION AGAINST THE OTHER, OR TO HAVE A JURY TRIAL ON ANY ALLEGATION, CLAIM, OR CAUSE OF ACTION, AND ANY RIGHT TO DO SO (INCLUDING THE RIGHT TO A JURY TRIAL) IS HEREBY WAIVED. Notwithstanding the foregoing, you and Sponsor retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, and Sponsor retains the right to apply to a court of competent jurisdiction for provisional or conservatory relief, including pre-arbitral attachments or injunctions, and to adjudicate disputes relating to the infringement or misappropriation of intellectual property.
Any claim or controversy arising out of or relating to these Official Rules (including this Agreement to Arbitrate), your participation in the Sweepstakes, or your receipt or use of any prize shall be governed by the procedural and substantive laws of the State of California, without reference to its choice-of-law rules. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures then in effect. The arbitration shall be presided over by a single arbitrator in Los Angeles County, California. In the event this venue will cause undue hardship to you, then, in the discretion of the arbitrator, the arbitration may be conducted solely on the basis of documents submitted, with the parties participating through telephonic or video conference hearings, or at a location reasonably convenient to the parties in the state in which you reside at the time the arbitration is commenced, provided that it is within the continental U.S. To the extent that any of the foregoing provisions are inconsistent with JAMS applicable standards then in effect, such JAMS rules shall apply.
CLAIMS SUBJECT TO THIS ARBITRATION AGREEMENT MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS AND YOU WILL NOT BE ABLE TO PARTICIPATE IN AN ARBITRATION (OR ANY OTHER PROCEEDING) AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO THAT CLAIM.
All aspects of the arbitration and award shall be confidential, except to the extent disclosure is necessary in connection with an application to a court for a preliminary or permanent injunction, a petition to confirm or vacate an award, to obtain legal or other professional advice necessary for the protection of a party’s rights, or as required by law or judicial decision.
Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the fees charged to you by JAMS as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you.
The arbitrator will not have authority to award punitive or exemplary damages, and the parties waive any right to recover such damages. As part of the award, the prevailing party shall be awarded its costs, including arbitration fees, expert witness fees, if any, and reasonable attorney’s fees.
If any portion of this Agreement to Arbitrate is found to be invalid, illegal or unenforceable, for any reason, that specific portion shall be severed from the rest, but such severance shall not affect the enforceability of the remainder of this agreement. No waiver of any provision of this Agreement to Arbitrate will be effective or enforceable unless recorded in a writing signed by the party waiving the provision, and any such waiver shall not waive or affect any other provision of this agreement.
THE FOREGOING PROVISIONS LIMIT CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE JAMS RULES AND THESE DISPUTE RESOLUTION TERMS, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF; PROVIDED THAT NOTHING HEREIN WILL RESTRAIN A CALIFORNIA RESIDENT’S RIGHT, IF ANY, TO SEEK PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
WINNER LIST/OFFICIAL RULES: A copy of these Official Rules is available online during the overall Sweepstakes Period by visiting https://www.thistv.com. For information about who won, send an email to email@example.com with the subject line “Sweepstakes Winner List.” Requests for winner information must be received no later than three (3) months after the end of the Sweepstakes Period.
SPONSOR: ThisTV, LLC., 245 N. Beverly Drive, Beverly Hills, California 90210.
Reference to third parties in connection with third-party websites, products, or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.