WARNER BROS. HOME ENTERTAINMENT INC - THE BIG BANG THEORY FANSGIVING
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WARNER BROS. HOME ENTERTAINMENT INC. THE BIG BANG THEORY FANSGIVING PROMOTION OFFICIAL RULES To participate in the Promotion, you must agree to and abide by these Official Rules. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. PROMOTION IS OPEN TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA, AT LEAST 18 YEARS OLD (OR AGE OF MAJORITY IN THEIR JUSRISDICTION OF RESIDENCE, WHICHEVER IS OLDER) AT TIME OF ENTRY. VOID IN ALASKA, HAWAII, GUAM, PUERTO RICO, U.S. VIRGIN ISLANDS AND OTHER U.S. TERRITORIES, AND WHERE PROHIBITED OR RESTRICTED BY LAW. INTERNET ACCESS AND VALID E-MAIL ADDRESS REQUIRED. 1. Sponsor: Warner Bros. Home Entertainment Inc., 4000 Warner Blvd., Bldg. 160, Burbank, CA 91522 (“Sponsor”). th th 2. Administrator: LeadDog Marketing Group, Inc., 440 9 Avenue, 17 Floor, New York, NY 10001 (“Administrator”). 3. Eligibility: The “The Big Bang Theory Fansgiving Promotion” ("Promotion") is open only to legal residents of the 48 contiguous United States and the District of Columbia, who are at least 18 years of age (or the age of majority in the jurisdiction of their residence, whichever is older) at time of entry. Void in Alaska, Hawaii, Guam, Puerto Rico, U.S Virgin Islands and other U.S. Territories, and where prohibited or restricted by law. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Sponsor, Administrator, Substance International, Hilton Worldwide, Chuck Lorre Productions, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion or supplying the prizes, persons involved in the creation, development or production (including cast and crew) of The Big Bang Theory television show and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to participate or win any prize. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. Potential winners may be required to provide proof of legal residency upon request prior to prize award. 4. Promotion Schedule: The Promotion begins on or about 12:00:01 a.m. Eastern Time (“ET”) on 8/25/15 and ends 11:59:59 p.m. ET on 9/21/15 (“Promotion Period”) and will be comprised of both a Sweepstakes and a Contest. Administrator’s computer is the official clock for the Promotion. 5. Registration: Navigate the internet to www.bbtfansgiving.com (the “Website”). To enter the Sweepstakes and/or the Contest you must register for the “The Big Bang Theory Fansgiving Promotion” by one of the following two (2) methods; (a) sign in using your Facebook account or (b) create an account by supplying the following information; email address, first and last name, date of birth and password. Carefully read the Official Rules, then click the check box signifying that you have read, fully understand and agree to these Official Rules. 1
IF YOU DO NOT CHECK THE BOX INDICATING YOUR AGREEMENT TO THE OFFICIAL RULES YOU WILL NOT BE ELIGIBLE TO PARTICIPATE IN THE PROMOTION OR WIN A PRIZE. You may be asked to consent to receive promotional e-mails and reminder e-mails from Sponsor. Consenting to receive promotional or reminder e-mails is optional and does not have to be agreed upon in order to be eligible to participate in the Promotion and does not improve your chances of winning. In the event you do consent to receive these e-mails, the use of such e-mails shall be subject to the privacy policy of http://www.warnerbros.com/#/page=privacy-policy/ and you may opt out of receiving these e- mails at any time. In the event of any dispute concerning the identity of any individual entrant the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting e- mail account (or the e-mail account associated with the Facebook account used to register for the Promotion, as the case may be). "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service 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 e- mail address. PARTICIPATION VIA MOBILE/WIRELESS DEVICE: If you are a wireless service subscriber and have a smart phone, tablet or other wireless device that allows you access to the internet, you may also enter the Promotion via any of those devices during the Promotion Period. Text message and data rates may apply to use of mobile/wireless device for participation in the Promotion, according to the terms and conditions of your Service Agreement with your wireless carrier. Each wireless carrier's rate plan may vary, and you (your parent or legal guardian if you are a minor in your jurisdiction of residence) should check with your wireless carrier prior to Promotion participation so as to determine the applicability and amount of such charges. Participation via mobile/wireless device is not available on all carriers or in all areas; in addition, not all mobile/wireless devices feature the necessary functionality to participate in the Promotion or may not continue to work in the event of product, software, coverage or other service changes made by one’s wireless carrier. Use of automated/programmed/robotic means of participation is prohibited and Entries by such illicit means will be void and you may be disqualified from the Promotion. Sponsor and Administrator will not be responsible for late, lost, incomplete, corrupted, inaccessible, garbled or misdirected registration information or votes not being received due to technological/programming/electronic error, malfunction or failure or for any other reason. 6. How to Participate in the Sweepstakes: There are two (2) ways persons can enter the Sweepstakes, each as further described below: 1) Voting or 2) Submitting a Contest Entry (For directions on submitting a Contest Entry see Section 9). Four (4) separate and distinct Sweepstakes Entry Periods and a Grand Prize Period comprise the Sweepstakes Period as set forth in the chart below. Sweepstakes Schedule Sweepstakes Entry Periods Begin Date & Time End Date & Time Entry Period 1 8/25/15 12:00:01 am ET 8/31/15 11:59:59 pm ET Entry Period 2 9/1/15 12:00:00 am ET 9/7/15 11:59:59 pm ET Entry Period 3 9/8/15 12:00:00 am ET 9/14/15 11:59:59 pm ET Entry Period 4 9/15/15 12:00:00 am ET 9/21/15 11:59:59 pm ET Grand Prize Period 8/25/15 12:00:01 am ET 9/21/15 11:59:59 pm ET 2
Directions for Sweepstakes Entry by Voting: There will be three (3) different topics, available during the following dates for individual entrant to vote on throughout the Promotion Period. 8/25/15-9/1/15- Category Voting: Ten (10) awards categories will be announced on the Website. You will be required to vote for the top five (5) categories you would like to advance. Limit of five (5) votes/entries per person/email address/Facebook account per day. 9/1/15-9/21/15- Favorite Moment Voting: The top five (5) categories from Category Voting will be announced on the Website along with specific moments from the show relating to each category. You will vote on their favorite moment in each Category. Limit of five (5) votes/entries per person/email address/Facebook account per day provided that each vote is for a different category. 9/16/15-9/21/15- Trophy Voting: The top five (5) Trophy designs decided by a selection of judges will be announced on the Website. You will vote on the top five (5) Trophy designs submitted during the Trophy Contest Entry Period (see Section 9). Limit of one (1) vote/entry per person/email address/Facebook account per day. To submit your Votes, click the "Submit" button on the Website. Directions for Sweepstakes Entry by Contest Entry: To receive one (1) Entry into the Sweepstakes, submit an eligible Entry into the Contest (see Section 9). Limit five (5) Entries per person/email address/Facebook account during the Promotion Period via this method. For every one (1) vote, you will receive one (1) Entry into the Sweepstakes for the applicable Entry Period for which you voted. For every one (1) eligible Trophy Contest Entry you will receive one (1) Entry into the applicable Sweepstakes Entry Period. Participation in excess of the above limitations or mass entry attempts will result in disqualification of such person from the Promotion. Participation in the Sweepstakes must be manually key-stroked; use of automated devices or programs is prohibited. Total Sweepstakes Entries not to exceed one hundred and fifty six (156) entries per person/email address/Facebook account for Promotion Period. 7. Sweepstakes Random Drawings: All Entry Period drawings will occur on or about 9/22/15 from among all eligible entries received during each Entry Period. All non-winning entries from any Entry Period will NOT be carried forward to subsequent Entry Period(s). All eligible entries received (received from all Entry Periods) will be included in the Grand Prize drawing taking place on or about 9/22/2015. All drawings will be conducted by Administrator whose decisions are final and binding on all matters related to the Sweepstakes. 8. Sweepstakes Prizes, Approximate Retail Values (“ARV”), and Odds: Sweepstakes Period 1 (1 Winner): Winner will receive one (1) The Big Bang Theory Prize Pack consisting of; one (1) The Big Bang Theory 2016 Day-At-A-Time Calendar; one (1) The Big Bang Theory Season 8 Combo Pack; one (1) The Big Bang Theory 2016 mini Calendar; one (1) The Big Bang Theory Minimates Minifigure four (4) pack set #2; one (1) The Big Bang Theory Bazinga! Mini Journal; one (1) Mystic Warlords of Ka’a and four (4) The Big Bang Theory Magnets. ARV: $144.86 Sweepstakes Period 2 (1 Winner): Winner will receive one (1) The Big Bang Theory Prize Pack consisting of; one (1) The Big Bang Theory 2016 Day-At-A-Time Calendar; one (1) The Big Bang Theory Season 8 Combo Pack; one (1) The Big Bang Theory 2016 mini Calendar; 3
one (1) The Big Bang Theory Minimates Minifigure four (4) pack set #2; one (1) The Big Bang Theory Bazinga! Mini Journal; one (1) Mystic Warlords of Ka’a and four (4) The Big Bang Theory Magnets. ARV: $144.86 Sweepstakes Period 3 (1 Winner): Winner will receive one (1) The Big Bang Theory Prize Pack consisting of; one (1) The Big Bang Theory 2016 Day-At-A-Time Calendar; one (1) The Big Bang Theory Season 8 Combo Pack; one (1) The Big Bang Theory 2016 mini Calendar; one (1) The Big Bang Theory Minimates Minifigure four (4) pack set #2; one (1) The Big Bang Theory Bazinga! Mini Journal; one (1) Mystic Warlords of Ka’a and four (4) The Big Bang Theory Magnets. ARV: $144.86 Sweepstakes Period 4 (1 Winner): Winner will receive one (1) The Big Bang Theory Prize Pack consisting of; one (1) The Big Bang Theory 2016 Day-At-A-Time Calendar; one (1) The Big Bang Theory Season 8 Combo Pack; one (1) The Big Bang Theory 2016 mini Calendar; one (1) The Big Bang Theory Minimates Minifigure four (4) pack set #2; one (1) The Big Bang Theory Bazinga! Mini Journal; one (1) Mystic Warlords of Ka’a and four (4) The Big Bang Theory Magnets. ARV: $144.86 Sweepstakes Grand Prize Winner (1 winner): One (1) Grand Prize Winner will receive a 4- day/3-night trip for winner and one (1) guest to Los Angeles to attend a taping of The Big Bang Theory (“Show”) and Grand Prize Winner may be included in bonus materials for the Show. Taping of Show is tentatively scheduled for Tuesday, March 15, 2016 (actual date of Show taping is subject to finalization; Sponsor/Administrator will supply finalized date of Show taping at time of prize award). Grand Prize consists of: round-trip coach air transportation for the winner and one (1) guest to Los Angeles from an airport near winner’s residence (as selected by Sponsor in its sole discretion): three (3) nights’ standard hotel accommodations (one room, double occupancy) in a hotel in the Los Angeles area as selected by Sponsor; round-trip ground transportation to and from Los Angeles area airport, hotel and taping of the Show; two (2) tickets to a taping of The Big Bang Theory tentatively scheduled for March 15, 2016; and Grand Prize Winner may be included in bonus materials for the Show. ARV of Grand Prize: $4,000.00 Grand Prize travel must be taken March 14-17, 2016 (or such other dates supplied by Sponsor/Administrator so as to attend Show taping once date of same is finalized). If Grand Prize Winner is unavailable to travel on these dates for any reason, Grand Prize will be forfeited without compensation of any kind and an alternate winner randomly selected (time permitting) from among all remaining eligible entries received during the Promotion Period. Actual final value of trip may be higher or lower based on point of departure and ticket and hotel availability and cost at time of purchase. Grand Prize Winner is solely responsible for all other expenses not specified herein, including but not limited to meals, beverages, tips, taxes and hotel incidentals. If Grand Prize Winner lives within 150 miles of the Los Angeles area (as determined by Sponsor/Administrator in their sole discretion) he/she will receive, in lieu of air transportation, round-trip ground transportation between Grand Prize Winner’s residence and hotel. Grand Prize Winner will not receive cash or any other form of compensation if actual travel costs are less than the prize ARV in these Official Rules. If winner is under the age of twenty-one (21) years of age, winner will be considered a minor, for the purposes of this Official Rules, and the travel guest must be winner’s parent or legal guardian. A minor may accompany winner as a travel guest only if the winner is the minor’s parent or legal guardian and at least twenty-one years of age. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian. Travel guest must sign and return the Funjet Vacations Bill of Rights as well as execute a Liability Release and Indemnification, and a Publicity Release, where allowed by law before ticketing of travel occurs. Guest (if a minor, his/her parent or legal guardian) must sign and return a travel and publicity release prior to issuance of travel documents. Grand Prize Winner and their guest 4
must travel together on specified itinerary, including same departure date, destination and return date or Grand Prize may be forfeited in its entirety. Accommodations and travel are for up to two persons sharing one accommodation. Grand Prize Winner and guest will not receive frequent flier miles, award points or other prerequisites in conjunction with Grand Prize travel. Trip is non-transferable and cannot be extended beyond the valid date. Grand Prize Winner and guest assume the risk of any inherent or unforeseen dangers associated with travel. Show taping portion of the Grand Prize has no cash or retail value. Show taping portion of the Grand Prize is subject to, and Sponsor is not responsible for, changes to production schedule, production exigencies or delays, postponements or cancellation of the Show. In the event the Grand Prize Winner is able to participate in the Grand Prize trip, but the Show taping cannot take place as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations, postponement, location changes, an event of force majeure, or for any other reason, the Sponsor reserves the right to award the remainder of the Grand Prize with no further obligation to the Grand Prize Winner. Show bonus materials portion of the Grand Prize has no cash or retail value. Show bonus materials portion of the Grand Prize is subject to availability and other restrictions. If Show bonus materials portion of the Grand Prize cannot be awarded for any reason, the Sponsor reserves the right to award the remainder of the Grand Prize with no further obligation to the Grand Prize Winner. As set forth in Section 16 “Additional Conditions of Participation,” in conjunction with the Show bonus materials portion of the Grand Prize, Grand Prize Winner grants to Sponsor the right to use his/her name, voice, likeness, or photograph without compensation other than the remainder of the Grand Prize and without notice or approval of any kind. Should the inclusion of Grand Prize Winner in the Show bonus materials be attributed in some manner, the form, content and placement of the attribution shall be determined by Sponsor in its sole discretion. Grand Prize Winner further agrees to provide any additional information and materials to Sponsor upon request and without further compensation (other than the remainder of the Grand Prize) in conjunction with the creation/production of Show bonus materials. Nothing herein in any way obligates Sponsor to use Grand Prize Winner in the Show bonus materials and such non-use will not result in any liability to Sponsor. If Grand Prize Winner does not have a guest accompany them on the trip, the prize will otherwise be awarded in increments appropriate for one (1) traveler (i.e., the Grand Prize Winner); and, in such event, no substitute prize or additional compensation will be awarded to Grand Prize Winner. Accommodation restrictions may apply. All travel dates and arrangements (including taping of The Big Bang Theory) are subject to change, availability and Sponsor’s approval. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. Grand Prize Winner and guest are solely responsible for obtaining any necessary documentation and fulfilling any necessary travel requirements prior to travel, such as valid photo I.D. In addition, Grand Prize Winner may be required to present a valid credit card at the hotel at the time of check-in. Grand Prize Winner and guest must provide own transportation to and from departure airport. Grand Prize Winner and guest must follow all instructions of Sponsor relative to the trip and attendance at taping of an episode of The Big Bang Theory and, should Grand Prize Winner and/or guest fail to adhere to such instructions or engage in unruly, obnoxious, anti-social or otherwise inappropriate behavior (as determined by Sponsor in its sole discretion), Sponsor reserves the right, without further notice or warning, to terminate the trip and/or remove Grand Prize Winner and/or guest from Show taping and/or take other actions as Sponsor deems appropriate in its sole discretion so as to protect its rights, without liability or other obligation to Grand Prize Winner and/or guest. Without limiting the foregoing, Grand Prize Winner and guest must comply with the Show’s rules and regulations. Failure to do so may 5
result in forfeiture of the Grand Prize (again, without liability or other obligation to Grand Prize Winner and/or guest). See also Rule 13 “Additional Prize Restrictions.” Odds of winning a Sweepstakes Prize depends on the total number of eligible entries received during applicable Sweepstakes Entry Period. 9. How to Participate in the Trophy Contest: Trophy Contest Schedule Contest Period Begin Date & Time End Date & Time Contest Entry Period 8/25/15 12:00:01 am ET 9/13/15 11:59:59 pm ET Contest Judging Period 9/14/15 12:00:01 am ET 9/15/15 11:59:59 pm ET Fan Voting Period 9/16/15 12:00:01 am ET 9/21/15 11:59:59 pm ET To enter the Contest, design a The Big Bang Theory Fan Awards Trophy and upload a photo of your design with a title to the Website. File attachment must be 500x500 and in one of the following formats: JPEG, JPG, PNG or GIF. Total file size must be no larger than 3MB. To submit your Contest Entry, click the "Submit" button on the entry form. As described in Section 6, one (1) Contest Entry also constitutes one (1) Entry into the Sweepstakes. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such Contest Entry. Thank You Page merely indicates that your Contest Entry has been received but does not constitute any representation that such Entry is eligible for the Contest. Limit five (5) Contest Entries per person/email address/Facebook account during the Promotion Period. If Sponsor/Administrator determines, based on their preliminary, non-binding review, that your Contest Entry is eligible under these Official Rules, the photo of your trophy will be posted to a gallery on the Website. No Contest Entry will be posted until five (5) eligible Entries are received. The gallery will be available for public viewing through the Promotion Period. On 9/16/15 the top five (5) Contest Entries as selected per Section 10 will be made available for Fan Voting. Sponsor/Administrator will seek to promptly conduct the preliminary review and thereafter post photos, but Sponsor and Administrator expressly disclaim any and all liability in conjunction with the timeliness of such preliminary review including any delay in posting photos on the Website. If photo is posted on the Website, you understand and agree that (a) the posting of photo is subject to technological, electronic, programming and other limitations/malfunctions and the photo as posted may not be exactly the same as the photo submitted by you as part of your Entry; (b) your photo may be posted by Sponsor/Administrator in any order, format, sequence or pattern, which may or may not be altered or varied by Sponsor in its sole discretion one (1) or more times during the Promotion. FOR ALL PHOTOS POSTED ON THE WEBSITE, THE PHOTOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF PHOTOS AND HAS NO OBLIGATION AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SCREENING, MONITORING, OR REVIEWING THE CONTENT OF PHOTOS. 6
SPONSOR WILL NOT EDIT PHOTOS PRIOR TO POSTING THEM ON THE WEBSITE FOR PURPOSES OF THE CONTEST. Once submitted Contest Entry becomes the sole property of Sponsor to the extent permitted by law and cannot be modified. By submitting a Contest Entry, you give permission (and warrant and represent that you has obtained all rights necessary to give such permission and grant the license herein described) to Sponsor and its designees and hereby grant Sponsor and its designees a royalty-free, irrevocable, perpetual, worldwide, sub-licensable, non- exclusive license (herein “License”) to post your photo, name, likeness or image, and all other information about you contained in the Entry on any media and through any means now known or hereafter devised, including without limitation, the World Wide Web, and to otherwise use your name, likeness and all other information about you in the Contest Entry, and make derivative works therefrom, without compensation in accordance with the requirements of this Contest and the advertising, promotion, and publicity of the Contest, Sponsor’s products and services, and otherwise, as stated in these Official Rules (as solely determined by Sponsor). ACTIONS INVOLVING CREATION OF CONTENT: You represent and warrant that the content (i) is your original work product and that the distribution of such content will not violate the rights of trademark, copyright, right of publicity, right of privacy or any other intellectual property or proprietary right of any third party, nor does it libel, slander or defame any third party; (ii) is not inappropriate or unfit for publication (for example, this includes obscenity, pornography and hate speech); (iii) does not promote or advocate violence, alcohol or drug use or any illegal activity; (iv) does not promote or advocate any cause other than desisting a trophy and/or the Promotion generally (the content must be relevant to the Promotion.) NOTE-INTELLECTUAL PROPERTY RIGHTS: Sponsor and/or Chuck Lorre Productions (as appropriate) grant to each qualified entrant a limited, non-transferable, non-exclusive, non- sublicensable, revocable right to use any trademarks, copyrights, intellectual property relating to The Big Bang Theory (“The Big Bang Theory IP”) solely for purposes of creating/sharing content in conjunction with participation in the Promotion as per these Official Rules; such right and license will automatically expire without further act of any party at the expiration of the Promotion Period. Such usage rights of The Big Bang Theory IP are expressly conditioned upon your maintaining in their original form any copyright, trademark or other intellectual property ownership notices as well as that your not manipulating, editing, altering, amending, disassembling, tampering with or otherwise modifying the The Big Bang Theory IP in any way. Any other use of The Big Bang Theory IP will constitute an actionable violation of Sponsor’s and/or Chuck Lorre Productions’ intellectual property rights in The Big Bang Theory IP. 10. Contest Judging: All eligible Contest Entries received and recorded during the Contest Entry Period will be judged by a panel of qualified judges during the Contest Judging Period as determined by Sponsor based on the following three (3) equally weighted criteria: Relevance to Objective of Contest; Creativity/Originality of Design; and Overall suitability of entry for promotional purposes. Sponsor will select the top five (5) entries to be posted to the Website for purposes of fan voting beginning on or around 12:00:01 am ET on 9/16/15 and ending 11:59:59 pm ET on 9/21/15. The highest voted trophy design will be considered the Contest Winner. 11. Fan Voting: There will be a vote count chart posted on the Website intended to reflect the comparison of votes received by each post in the three voting topics (see Section 6). For Category Voting and Favorite Moment Voting the vote count is solely intended for entertainment purposes. For Trophy Voting, the post/Entry that receives the most votes at the end of the Promotion Period will be deemed the Contest Winner as described in Section 10. Every reasonable effort will be made by Sponsor to maintain and accurately reflect the highest number of votes that each post has earned as well as their rankings as compared to other posts. However, Sponsor and its agencies shall not be responsible for technical errors 7
of any kind which may cause inaccurate or incomplete information to be reflected at any given time. Sponsor may update the vote count chart at time(s) of its sole choosing and Sponsor may correct erroneous listings on vote count chart at any time in its sole discretion without liability of any kind. Notwithstanding listings on vote count chart, a person is not a potential prize winner unless and until he/she is notified personally by Sponsor or its agency to such effect (see Section 13). 12. Contest Grand Prize, Approximate Retail Value (“ARV”): Contest Winner (1 Winner): The Contest Winner’s trophy design will be brought to life by a 3D Printer and presented to the cast of the show. No retail value. 13. Winner Notification: All potential Sweepstakes and Contest winners will be notified by e- mail on or about 9/22/15. Failure to respond to the initial verification e-mail within 3 business days after notification or return of e-mail notification as undeliverable after 2 attempts will result in disqualification. Potential winners may be required to sign and return within 3 business days of notification an Affidavit of Eligibility, Release and Indemnification, a tax acknowledgment form (if applicable) and a Publicity Release where allowed by law. If the Affidavit of Eligibility, Release and Indemnification, tax acknowledgment form (if applicable) and Publicity Release (where allowed by law) are not returned to Sponsor within the specified time period (should the signing of such documents be required), a potential winner may be disqualified. If a potential winner is disqualified for any reason, potential winner’s prize will be forfeited without compensation of any kind and will be awarded to an alternate winner selected from all remaining eligible entries received during the applicable Sweepstakes Entry Period or, if potential Contest winner is disqualified, the alternate winner will be the individual entrant with the next highest votes as per Section 10. 14. Additional Prize Restrictions: Limit one (1) Sweepstakes Entry Period prize, one (1) Sweepstakes Grand Prize and one (1) Contest Prize per person/family/household, regardless of the number of email addresses or Facebook accounts a person may have. Any costs and incidentals not specified herein are the winner’s sole responsibility. No substitution or transfer of prize except with Sponsor’s permission. Sponsor in its sole discretion may award a substitute prize or prize component of equal or greater value if advertised prize/prize component is unavailable at time of awarding for any reason. Any images of prizes/prize components in advertising are for illustrative purposes only and actual items awarded as prizes/prize components may differ from such images. Each prize must be accepted by winner with all prize components (as described above). Federal, state and local taxes are the sole responsibility of winners. All taxes are the sole responsibility of the winners. Sweepstakes Grand Prize winner will receive a 1099 tax form reflecting actual total fair market value of Sweepstakes Grand Prize and Sweepstakes Entry Period Prize (if applicable). 15. Limitations of Liability: Sponsor and its agencies (including Administrator) are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to human, typographical, printing or electronic malfunction or damage of any network, hardware or software. If for any reason the Promotion (in whole or in part) is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor's control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion (in whole or in part) and/or disqualify any individual who tampers with (or attempts to tamper with) the entry process/operation of the Promotion (or any part thereof). In such event, Sponsor shall conduct the Promotion and make prize(s) available for the affected part(s) of the Promotion in a manner which is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in its sole discretion. Notice of cancellation/termination/ modification/suspension of Promotion will be posted on the Website. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or 8
unauthorized access to, or alteration of, entries/points; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail, or electronic entry/point to be received (or recorded, as the case may be) on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to yourself or any other person's computer or mobile device (or data/information stored thereon) related to or resulting from participation in or downloading any materials from this Promotion. You further agree not to knowingly damage or cause interruption of the Promotion and/or prevent others from participating in the Promotion. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR, SPONSOR MAY DISQUALIFY ANY INDIVIDUAL ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW. 16. Additional Conditions of Participation: By participating, you agree to be bound by and abide by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects. By participating in this Promotion, you agree to release and hold harmless Sponsor, Administrator, Substance International, Hilton Worldwide, Chuck Lorre Productions, and each of their respective parents, subsidiaries, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns, and Facebook (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage to person(s) or property arising in any manner, directly or indirectly, from participation in this Promotion (in the case of Sweepstakes Grand Prize Winner, the preceding may include any injury related to violation of his/her right of publicity or right of privacy, defamation, libel, slander or other harm associated with use or non-use of Sweepstakes Grand Prize Winner in Show bonus materials) and/or acceptance, possession, receipt or use/misuse of any prize. By participating, you also authorize the Sponsor and its designees to use the your name, voice, likeness, photograph, prize information, biographical data and city and state of residence in programming, advertising, trade and/or promotional material or on a winners’ list (if applicable) without compensation or notice, to the extent permitted by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without obligation or compensation. EXCEPT FOR SPONSOR’S OWN PRODUCT THAT MAY BE COVERED BY A WARRANTY (WITH SUCH WARRANTY BEING EXPRESSLY LIMITED TO ITS TERMS) SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE (OR ANY COMPONENT OF ANY PRIZE), INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 17. Disputes: Except where prohibited, you agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of California or an appropriate California State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion, but in no event attorneys' fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the yourself and Sponsor in connection with the Promotion 9
shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. 18. Winners’ List: For the names of the winners, mail a self-addressed, stamped envelope to: th The Big Bang Theory Fansgiving Promotion Winners, c/o LeadDog Marketing Group, 440 9 th Avenue, 17 Floor, New York, NY 10001, for receipt no later than 10/30/15. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. 10
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