NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
1. Eligibility: Promotions are open to legal residents of the fifty (50) United States and the District of Columbia who are 13 years of age or older as of the time of entry. Minors must obtain permission from their parent or legal guardian prior to entering. Officers, directors and employees of Sponsor, Buyer and each of their respective parent, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (all such individuals and entities referred to collectively, the "Promotion Entities"), and each of their immediate family members and/or people living in the same household are NOT eligible to enter any Promotion or win a prize. Void where prohibited.
2. How to Enter: To enter an online Promotion you will need to interact with the online entry mechanic that has been set up for the Promotion, which may take the form of an entry page on a website that is owned or controlled by Sponsor or an applicable Sponsor business partner, a widget, a social networking page or some other mechanic (each, for ease of reference, referred to in these Official Rules as a "Promotional Website") that asks for certain information in order to complete the entry. Any other methods of entry will be communicated on the Promotional Website or as part of the Promotional Materials soliciting entries for the Promotion in question. The entry deadline for each Promotion will be on the Promotional Website or in the corresponding Promotional Materials. All entries must be received before the applicable entry deadline in order to participate. The Promotional Website's database clock will be the official time keeper for online entries into each Promotion.
From time to time, the Promotion may require that an entrant upload materials (e.g. a video, essay, photograph, tweet, etc.) (each, a "Submission"). For clarification and removal of doubt, any Submission will be considered part of your “entry” for purposes of these Official Rules. Each Submission that is entered in any Promotion must meet the following requirements (the "Submission Requirements"): (i) the Submission must be the submitting entrant’s original, previously unpublished work and not contain any third party copyrighted material; (ii) the entrant must secure and provide upon request all appropriate clearances, permissions and releases for the Submission granting Sponsor the right to use the Submission as set forth in these Official Rules and/or the Promotional Materials without any payment being owed (in the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Submission to remain in Promotion; and (iii) the Submission must be uploaded in one of the formats accepted at the applicable Promotional Website.
NOTE: Internet entry must be made by the entrant, only at the applicable Promotional Website. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial Promotion subscription notification and/or entering service sites, will be declared invalid and disqualified. The use of any device to automate the entry process is prohibited. Proof of entering information at the Promotional Website does not constitute proof of delivery or receipt. Sponsor reserves the right to modify the scheduling of a Promotion without prior notification. All entries become the sole property of Sponsor and will not be acknowledged or returned.
IMPORTANT NOTE: Any entrant who incorporates any intellectual property owned by a third party into his or her Submission does so at his or her own risk. Without in any way limiting, expanding or amending the Sponsor Policies, which shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission from the Website because of such infringement, such Submission may be disqualified from the Promotion, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes. Once a Submission is provided to Sponsor and made available on the Website as set forth herein for viewing by the general public, such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act.
3. Winner Selection/Notification: The potential winner(s) for each Promotion will be selected in accordance with the selection process set forth in the Promotional Materials. The potential winner(s) of each Promotion will be notified using the contact information provided at the time of entry. The notification email may ask the winner (or, or if such winner is under the age of majority in his or her state of residence [a "minor"] such minor's parent or legal guardian) to provide contact information so that Sponsor can send the prize to the winner. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If a potential winner does not respond within 48 hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. In the event of a dispute as to the identity of an entrant, the affected entry will be deemed submitted by the email account holder associated with the entry, provided such email account holder must still meet the eligibility requirements for the Promotion. A potential winner may be requested to provide Sponsor with proof that the potential winner is the email account holder associated with the winning entry. If a dispute cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible.
4. Prizes/Odds: The prizes that are offered in each Promotion will be described in the Promotional Materials or otherwise as part of the Promotion entry process. Prizes pictured or described on the Promotion entry page in the Promotion Materials or otherwise are for illustrative purposes only. All aspects of prizes not otherwise described will be determined by Sponsor in its sole discretion. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable or greater value if any prize is unavailable, in whole or in part, for any reason. Odds of winning a Promotion whose outcome is based on chance depend on the number of eligible entries received for that Promotion.
5. General Prize Conditions: Prize winner is not entitled to any surplus between actual retail value of prize and stated approximate retail value (“ARV”) and any difference between stated ARV and actual value of the prize will not be awarded. Limit of one prize per person per Promotion. Each prize winner is responsible for paying any federal, state and/or local taxes and for any other fees or costs associated with the applicable prize. If required by law, as determined by Sponsor in its sole discretion, Sponsor reserves the right to withhold (or collect) and remit to the appropriate taxing authorities the amount of any taxes due. Prizes will be delivered only to an address in the United States. The potential winner (or, if the potential winner is a minor, his or her parent or legal guardian) may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents"). If a winner (or a minor winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification (or a shorter time if required by exigencies), such winner may be disqualified and an alternate winner may be selected. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Competition. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
6. General Release: Participation in a Promotion constitutes each entrant's (and any minor entrant's parent or legal guardian) permission for the Promotion Entity’s and those of Sponsor’s business partners that are involved in the Promotion in question, to use entrant's name, photograph, likeness, voice, biographical information, statements, address (city and state) and a description of the prize(s) won and any other personal characteristics for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants (and any minor entrant’s parent or legal guardian) agree that the Promotion Entities shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize. Sponsor assumes no responsibility for any damage to an entrant's computer system which is occasioned by accessing the Promotional Website or participating in a Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of a Promotion or the Promotional Website, to be acting in violation of these Official Rules and/or the Sponsor Policies, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of a Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate any Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor' control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein. If the Promotion is terminated before the designated end date, Sponsor will (if possible) select winners in a random drawing from all eligible, non- suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described on the Promotion entry page corresponding with a particular Promotion will be awarded. 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 in the prize category in question 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. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor The invalidity or unenforceability of any provision of these Official Rules shall 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 shall otherwise remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
7. Representations and Warranties/Indemnification: Each person who enters a Promotion (and his or her parent or legal guardian, if the entrant is minor) represents and warrants as follows: (i) the Submission is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (ii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (iii) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous; and (iv) the use of the Submission as set forth herein will not give rise to any claims for any payment whatsoever, including, but not limited to, claims for royalties, re-use fees or residuals required under the Screen Actors Guild, the Writers Guild of America, the Directors Guild of America or any other similar guild or labor union. Each entrant (and his or her parent or legal guardian, if the entrant is a minor) hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
8. Grant of Rights: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Promotion (and his or her parent or legal guardian, if the entrant is a minor) hereby irrevocably grants the Promotion Entities, its successors and assigns, a non- exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit, make derivative works of and otherwise use the Submission throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. The Promotion Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so- called moral rights they may have therein. The Promotion Entities shall have the right to freely assign their rights hereunder, in whole or in part, to any person or entity. The Promotion Entities shall retain the rights granted in each Submission even if the Submission is disqualified.
9. Nature of Relationship/Waiver of Equitable Relief: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant's Submission to the Promotion Entities for purposes of the Promotion does not place the Promotion 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's Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall 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 copyright in and to the Submission.
10. No Obligation to Use: The Promotion Entities shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and the Promotion Entities may at any time abandon the use of the any Submission for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
11. Dates & Deadlines/Anticipated Number of Contestants: Because of the unique nature and scope of each Promotion, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the applicable Promotion. Sponsor cannot accurately predict the number of entrants who will participate in each Promotion.
12. Further Documentation: If the Promotion Entities shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as the Promotion Entities may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon a Promotion Entity’s request therefor.
Caution: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Governing Law: Any controversy or claim arising out of or relating to (i) the Promotion, (ii) the awarding or redemption of any prize and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement, arbitrability or interpretation (collectively, “Claims”) shall be governed by and construed in accordance with the substantive laws of the State of New York without giving effect to any choice any other state’s laws.
15. Arbitration Provision: By participating in the Promotion, each entrant (and any minor entrant’s parent or legal guardian) agree that: (1) any Claim entrant may have against the Sponsor will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held New York, New York; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Contest; (5) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
16. Winner's List: If Sponsor so elects or if legally required, the names of the prize winners and/or the prize winners' usernames will be posted on the applicable Promotional Website.