getTV 200,000 Likes Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. ELIGIBILITY AND SPONSOR: The “getTV 200,000 Facebook Likes Sweepstakes” (the “Sweepstakes”) is open only to individuals who are, as of the start of the Sweepstakes, age 18 or older and legal residents of the 50 United States and the District of Columbia. The Sweepstakes is void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law. The Sweepstakes is sponsored by CPE US Networks III Inc. (“Sponsor”), 10202 West Washington Boulevard, Culver City, California 90232. This Sweepstakes is not sponsored, endorsed or administered by Facebook, nor is Facebook associated with the Sweepstakes in any manner. Employees of Sponsor, Sponsor's advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Sweepstakes, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, “Sweepstakes Entities”), and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Sweepstakes.
2. TO ENTER THE SWEEPSTAKES: The Sweepstakes begins when Sponsor publishes the Facebook post referencing the Sweepstakes (the “Post”) and ends when Sponsor in its discretion believes that there are enough potential entrants to secure the 200 Winners (as further defined below) and accordingly, closes the Post to commenting, but in no event later than one month later (the “Sweepstakes Period”). To enter the Sweepstakes, go to https://www.facebook.com/getTV (the “Page”). Each entrant must: (i) email Sponsor at firstname.lastname@example.org with the subject line “200K Giveaway”, (ii) submit all required information, and (iii) agree to the terms of these Official Rules during the Sweepstakes Period to be entered in the Sweepstakes. Sponsor reserves the right to disqualify from the Sweepstakes any entrants who post derogatory, offensive, infringing or indecent comments on the getTV Facebook page. Sponsor reserves the absolute right to end the Sweepstakes Period early. Sponsor may disqualify any potential Winners who do not respond to Sponsor within a prompt period of time after notification.
3. SWEEPSTAKES PRIZE: Each entrant in the Sweepstakes will be eligible to win one DVD for the movie “It Happened One Night”, whose value is approximately Fifteen Dollars (each, a “Sweepstakes Prize”). No transfer, or cash or other substitution of the Sweepstakes Prize is allowed, except that Sponsor reserves the right, in Sponsor’s sole and absolute discretion, to substitute a prize or prize component of comparable or greater value. No partial prizes will be provided. Allow 4-6 weeks for delivery/fulfillment of each Sweepstakes Prize to the address provided by the Sweepstakes Prize recipients to Sponsor. Sponsor will not replace any lost or stolen prize or prize component(s) once in the possession or control of the actual Sweepstakes Prize recipient.
4. SWEEPSTAKES DRAWING/SELECTION AND NOTIFICATION: Eligible entrants may win this Sweepstakes by being one of the first one hundred Facebook users to comment on the Post. Within seven days after the end of the Sweepstakes Period, Sponsor shall compile and contact the first one hundred eligible entrants who commented as instructed on the Post (“Selected Entrants”). Thereafter, Selected Entrants who respond to Sponsor’s notification via the Facebook messaging functionality and provide required information to Sponsor’s reasonable satisfaction shall be entitled to receive a Sweepstakes Prize (each such Selected Entrant, a “Winner”). Odds of winning a Sweepstakes Prize depend on number of entrants and the timing and nature of entrants’ commenting on the Post. The Selected Entrants will be notified by Facebook’s messaging functionality. Failure by a Selected Entrant to respond to such message within forty-eight hours may result in disqualification of the Selected Entrant from becoming a Winner, and an alternate Selected Entrant may be selected (i.e., Sponsor’s selecting the next sequential eligible entrant who commented as instructed on the Post). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate Selected Entrant, if any. Sponsor decisions are final and binding in all respects. In the event of a dispute about the identity of any Sweepstakes entrant, each entry will be declared made by the authorized account holder of the Facebook account who commented as instructed on the Post. The authorized account holder is defined as the natural person who is assigned to an e-mail address by an internet service provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address. In this regard, the potential Selected Entrant may be required to provide proof that s/he is the authorized account holder of the Facebook account who commented as instructed on the Post in order to receive the Sweepstakes Prize.
5. PRIZE CONDITIONS: By participating in the Sweepstakes, each entrant agrees to sign any further documentation requested by Sponsor consistent with these Official Rules, including an Affidavit of Eligibility, a Liability Release and a Publicity Release. If such Selected Entrant is found to be ineligible (for any reason), or if such Selected Entrant does not comply with the Official Rules, then s/he will be disqualified, and an alternate Selected Entrant will be selected pursuant to terms outlined in the Sweepstakes drawing/selection and notification section of these rules. Each Sweepstakes entrant hereby irrevocably and perpetually waives the right to assert as a cost of receiving any prize any and all costs of verification and redemption to redeem such prize and any liability which might arise from redeeming or seeking to redeem such prize. All applicable federal, state, local or other tax liabilities (including income taxes) arising from this Sweepstakes will be the sole responsibility of each Winner. All Sweepstakes entries are subject to verification prior to awarding of any Sweepstakes Prize. Eligibility, age, and any and all other claims shall be subject to verification prior to the actual awarding of the Sweepstakes Prize.
6. SWEEPSTAKES CONDITIONS: VOID WHERE PROHIBITED. This Sweepstakes is subject to all applicable federal, state and local laws of the United States. By participating, each Sweepstakes entrant hereby irrevocably and perpetually (a) agrees to be fully and unconditionally bound by these Official Rules and the decisions of the Sponsor and (b) waives any right to claim ambiguity in the Sweepstakes or these Official Rules. Each Sweepstakes entrant hereby irrevocably and perpetually agrees to release, discharge, indemnify and hold harmless the Sweepstakes Entities and Facebook, Inc., and each of their respective officers, directors, employees, shareholders, attorneys, representatives and agents from and against any and all claims, judgments, damages, losses, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from (i) redemption, acceptance, possession, ownership, misuse or use of any Sweepstakes Prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes, or (ii) printing, distribution, production or mailing/e-mailing/communication/transmission errors. Sponsor or its affiliates may rescind any promotion found to contain such errors, without liability, at its sole discretion. Sponsor acknowledges, and each entrant agrees and acknowledges that, this Sweepstakes is not in any way sponsored, endorsed, or administered by, or associated with, Facebook, Inc. Each entrant acknowledges and agrees that as a condition of entering the Sweepstakes, s/he is hereby providing information to Sponsor and not Facebook, Inc. NEITHER SPONSOR NOR ITS REPRESENTATIVES MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (UNLESS SPONSOR ELECTS TO PROVIDE ANY PRIZE RECIPIENT WITH ANY EXPRESS WRITTEN WARRANTIES). FURTHER, NEITHER SPONSOR NOR THE SWEEPSTAKES ENTITIES ACCEPT ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY
7. RESTRICTIONS: Sponsor shall not be liable to the Selected Entrants or Winners for failure to supply the Sweepstakes Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond Sponsor's sole and reasonable control.
8. LIMITATIONS OF LIABILITY: Sponsor is not responsible for: (a) lost, late, misdirected, undeliverable, incomplete or indecipherable entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries; (b) technical failures of any kinds; (c) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (e) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any entrant's participation in the Sweepstakes or receipt or use of any prize. If for any reason an entrant's Sweepstakes entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, and provided that such error is discovered and confirmed by Sponsor prior to the expiration of the Sweepstakes Period, then such entrant's sole remedy shall be another entry in the Sweepstakes; it specifically being agreed and understood that in the event such error is not discovered and confirmed until after the expiration of the Sweepstakes Period, then such entrant shall have no cause(s) of action whatsoever against Sponsor, and Sponsor shall not have any liability to such entrant for or in connection with any error. Sponsor may prohibit an entrant from participating in the Sweepstakes or receiving any Sweepstakes Prize if, in Sponsor's sole discretion, Sponsor determines that such entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unsafe or unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor's representatives. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other similar or dissimilar causes beyond the sole and reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper, safe and fair conduct of the Sweepstakes, then Sponsor reserves the right, exercisable at any time in Sponsor's sole discretion, to cancel, terminate, modify or suspend all or any part of the Sweepstakes and to select the Selected Entrant by means of a random drawing from among all eligible Sweepstakes entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable. CAUTION: ANY ATTEMPT BY ANY ENTRANT TO DELIBERATELY DAMAGE THE SWEEPSTAKES (AND/OR ANY TECHNOLOGY NECESSARY FOR THE OPERATION THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE UNRESTRICTED RIGHT, EXERCISABLE AT ANY TIME IN SPONSOR'S SOLE DISCRETION, AND WITHOUT WAIVER OF OR LIMITATION ON ANY OF SPONSOR'S OTHER AVAILABLE LEGAL AND/OR EQUITABLE RIGHTS AND REMEDIES, TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM AND AGAINST ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
10. ARBITRATION: BY ENTERING INTO THE SWEEPSTAKES, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES (INCLUDING WITHOUT LIMITATION ITS PRIZING) OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, SHALL BE SUBMITTED TO JAMS ("JAMS") FOR FINAL AND BINDING ARBITRATION UNDER ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES IF THE MATTER IN DISPUTE IS OVER US$250,000 OR UNDER ITS STREAMLINED ARBITRATION RULES AND PROCEDURES IF THE MATTER IN DISPUTE IS US$250,000 OR LESS, TO BE HELD IN LOS ANGELES, CALIFORNIA, BEFORE A SINGLE ARBITRATOR. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS. IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR'S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR'S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS' FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
11. GOVERNING LAW: Each entrant acknowledges that the internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these Official Rules.
12. NO INJUNCTIVE RELIEF: EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE SPONSOR'S WEBSITE, TELEVISION CHANNEL, OR ANY OTHER PROJECT OF SPONSOR OR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES.
13. RULES/ONLINE PAGE LISTING PRIZE RECIPIENT(S): For a copy of the Official Rules, log onto https://www.facebook.com/getTV and see the link on the Post, or for a list of the names of Winners, log onto https://www.facebook.com/getTV. The Winners list shall be available after the Sweepstakes Period.
14. SPONSOR: CPE US Networks III Inc., 10202 West Washington Boulevard, Culver City, California 90232.
© 2016 CPE US Networks III Inc. All Rights Reserved.
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