ATV 9 Days of Gifting Sweepstakes (the “Sweepstakes”)
OFFICIAL RULES (the “Official Rules”)
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MANY WILL ENTER, FEW WILL WIN.
1. DESCRIPTION OF THE SWEEPSTAKES: The Sweepstakes is designed to give entrants (“Entrants”) the opportunity to win one (1) item of the Winner’s choice from AwesomenessTV’s Amazon store currently located at http://www.amazon.com/shop/awesomenesstv (the “Prize”).
2. ELIGIBILITY: The Sweepstakes is open only to legal residents of the contiguous forty-eight (48) United States and the District of Columbia who are thirteen (13) years of age or older at the time of entry. Void where prohibited by law. Individuals who are employees, officers, directors, agents or representatives of Awesomeness, LLC (“ATV”) (the “Sponsor”), any parent companies, affiliates, subsidiaries, advertising, production and promotion agencies or suppliers of materials or services related to the Sweepstakes, as well as their immediate family members (defined as parents, children, siblings and spouses, regardless of where they live) and those with whom such individuals are domiciled (whether related or not) are not eligible. If Entrant is under the age of majority in his/her state of residence, by entering the Sweepstakes, Entrant’s parent or legal guardian represents and warrants that Entrant has their consent to enter the Sweepstakes. Sponsor reserves the right to confirm such consent at any time by any manner including by having Entrant’s parent or legal guardian sign a parental consent form. Prizes will be awarded in the name of the Winner’s (as defined below) parent or legal guardian. Any reference to “Entrant” herein shall be deemed to include his/her parent or legal guardian, as applicable.
3. HOW TO ENTER: This Sweepstakes begins on December 1, 2017 at 12:00 PM PST and ends on December 9, 2017 at 12:00 PM PST (“Sweepstakes Period”). To enter, Entrants must tag two (2) friends within the comments of at least one (1) of the nine (9) Sweepstakes Instagram posts posted to the @AwesomenessTV Instagram account during the Sweepstakes Period (each an “Entry” and collectively the “Entries”).
LIMIT: One Entry per person regardless of method of entry. All required Entrant information must be fully complete and legible. Entries must be received by Sponsor during the Sweepstakes Period. Each Entry must be submitted by the Entrant him or herself. Entries received after the close of the Sweepstakes Period or by any other method of entry will be automatically disqualified. All Entries must comply with the Entry Requirements set forth below. Sponsor reserves the right to disqualify any Entry that it deems in its sole discretion is inappropriate or does not conform to these Official Rules. Sponsor is not responsible for late, lost, undelivered, invalid, incomplete, misdirected, illegible, destroyed or damaged Entries, all of which will be disqualified. Entrants agree to be bound by and acknowledge compliance with these Official Rules.
4. ENTRY REQUIREMENTS: By entering the Sweepstakes, each Entrant represents and warrants that their Entry complies with the following:
(a) The Entry must be Entrant’s original work, created solely by Entrant; must not have been previously published, released or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity.
(b) The Entry must not contain or reference any names, products or services of any company or entity other than Sponsor or any third party trademarks, logos, trade dress or promotion of any brand, product or service.
(c) Entries that are lewd, obscene or indecent, sexually explicit or suggestive, pornographic, disparaging, defamatory, libelous, or Entries that otherwise contain inappropriate content or objectionable material may not be submitted and will be disqualified in Sponsor’s sole and unfettered discretion.
Sponsor reserves the right in its sole and unfettered discretion to disqualify any Entry for any reason, including but not limited to a violation or potential violation of any of the foregoing requirements or a failure to comply with any provision of these Official Rules. The decisions of Sponsor on this and all matters pertaining to the Sweepstakes shall be final and binding.
5. GRANT OF RIGHTS: Each Winner (defined below) hereby grants all right, title and interest in and to his/her Entry and his or her name, voice and likeness in connection with the Sweepstakes, to Sponsor for use in any and all manner or media (whether now known or hereafter devised) anywhere in the world, in perpetuity, for any purpose, including without limitation, for purposes of advertising Sponsor or Sponsor’s product or services. Winner’s parent or legal guardian, as applicable, agrees to sign a release to this effect. Entrants agree to indemnify and hold Sponsor harmless from and against any suits, claims, losses, damages and expenses, including reasonable attorney fees, that it may sustain from any breach of a representation or warranty made by the Entrant or the use of any rights granted by the Entrant to Sponsor hereunder including, without limitation, the publication, use or exploitation of the Entry as contemplated herein. By entering the Sweepstakes, Entrants hereby grant Sponsor the right to contact Entrant via email for promotion and marketing purposes.
6. WINNER SELECTION: On or about December 1, 2017 at approximately 12:00 PM PST (“Selection Date”) a representative of Sponsor will randomly select an Entrant to receive the Prize (the “Winner”). The Winner selections are final and binding. Winner will be notified by Sponsor via an “@Mention” on Instagram and a direct message on Instagram. Prior to being declared the Winner, the potential Winner’s parent or legal guardian, if applicable, will be required to complete, sign and return an affidavit of eligibility and liability and publicity release form (the “Release at a time to be specified by Sponsor in its sole discretion. The Prize will be forfeited if documents are not returned signed and complete, within the timeframe required, or the Winner is found to be ineligible or otherwise not in compliance with these Official Rules.
7. PRIZE: One (1) item chosen by Winner from Sponsor’s Amazon shop currently located at https://www.amazon.com/shop/awesomenesstv. The approximate retail value (“ARV”) of the Prize is One Hundred Thirty-Nine U.S. Dollars ($139).
ARV determined as of November 16, 2017. Winner is not entitled to the difference, if any, between the actual and approximate retail value of the Prize. The Prize must be accepted as awarded, is non-transferable, non-exchangeable and not redeemable for cash or otherwise. Sponsor reserves the right to substitute a Prize for one of equal or greater value if a designated Prize should become unavailable for any reason, or for any other reason in Sponsor’s sole discretion. Sponsor makes no representations or warranties with respect to any Prize. Any other costs or expenses associated with the Prize will be the sole responsibility of selected Winner. The Winner is solely responsible for all applicable taxes on prizes. Limit:
One (1) Prize per person and per household.
Sponsor will make arrangements for fulfillment of the Prize. If the Sweepstakes is canceled, rescheduled, or for any reason, Sponsor shall have no further obligation to the Winner. Sponsor may require that the Winner sign additional documents relating to the Prizes.
8. ODDS OF WINNING: The odds of winning are determined by and depend upon the total number of eligible Entries received during the Sweepstakes Period. Many will enter, few will win.
9. PERSONAL INFORMATION/PUBLICITY: Sponsor and its authorized agents will collect, use, and disclose the personal information provided at the time of entry for the purposes of administering the Sweepstakes and prize fulfillment. By entering this Sweepstakes, Entrant consents to such collection, use, and disclosure of Entrant’s personal information. By accepting a prize, Entrant agrees to Sponsor’s use of his/her name, city/state of residence, likeness, biographical information, statements, voice and likeness in any advertising and publicity Sponsor may conduct relating to the Sweepstakes in any manner or media (whether now known or hereafter devised), anywhere in the world, in perpetuity.
10. RIGHT TO VOID / TERMINATE / SUSPEND / MODIFY: Sponsor reserves the right to terminate, suspend or modify this Sweepstakes, or these Official Rules, in whole or in part, at any time and without notice or obligation if, in Sponsor’s sole opinion, any factor interferes with its proper conduct as contemplated by these Official Rules. Without limiting the generality of the foregoing, if the Sweepstakes, or any part thereof, is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor may, in its sole discretion, void any suspect entries and: (a) terminate the Sweepstakes, or any portion thereof; (b) modify or suspend the Sweepstakes, or any portion thereof, to address the impairment and then resume the Sweepstakes, or relevant portion, in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the Prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
11. GENERAL CONDITIONS: Winning a Prize is contingent on fulfilling all the requirements set forth herein. Mass entries, automated entries, entries submitted by third parties, and any entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All entries and prize claims are subject to verification. Proof of entry does not constitute proof of receipt. Entrants agree to abide by these Official Rules. Decisions of Sponsor will be final and binding on all matters pertaining to this Sweepstakes. Sweepstakes is subject to all applicable federal, state and local laws. Void where prohibited. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a Winner make any false statement(s) in any document referenced above, the Winner will be required to promptly return to Sponsor his/her prize, or the cash value thereof. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Sweepstakes, violates these Official Rules, or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
12. LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE SPONSOR AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, ASSIGNS AND AGENTS (THE “RELEASED PARTIES”) HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND TO PERSONS OR PROPERTY RESULTING FROM ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. Without limiting the foregoing, the Released Parties shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Sweepstakes Website users, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of Entries in the Sweepstakes; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any Twitter post to be received by or from Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user’s computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Sweepstakes; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
13. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants or Sponsor in connection with the Sweepstakes shall 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 state laws. Claims may not be resolved through any form of class action. Venue for all suits will be in federal or state courts located in Los Angeles, CA.
14. NO RESCISSION OR INJUNCTIVE RELIEF: All rights granted to Sponsor hereunder are irrevocably vested. No breach by Sponsor of these Official Rules or any other agreement will entitle an Entrant or Winner to equitable relief, whether injunctive or otherwise, against or with respect to such party’s content or any other works produced pursuant to the rights granted under these Official Rules or any other agreement, or the exploitation of such works.
15. INSTAGRAM: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. By entering the Sweepstakes, participants fully release Instagram from any liability. You understand that you are providing your information to Sponsor and not to Instagram. The information you provide will only be used in connection with this Sweepstakes and by Sponsor for contact purposes generally. As such, please direct any questions, comments or complaints regarding the promotion to the Sponsor.
16. WINNERS’ LIST: A copy of the winners’ list may be obtained by sending a self-addressed stamped envelope postmarked by December 15, 2017 and received by December 20, 2017, to: “ATV 9 Days of Gifting Sweepstakes” c/o 2701 Olympic Boulevard, Building B, Santa Monica, California 90404, Attention: Marketing Department.
17. SPONSOR: The Sponsor of this Sweepstakes is Awesomeness, LLC, 2701 Olympic Boulevard, Building B, Santa Monica, California 90404.