“TMZ & TMZ LIVE”Chance at 2 Million Dollar Sweepstakes
NO PURCHASE OR TEXT MESSAGE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR TEXT MESSAGE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING A PRIZE ARE DEPENDENT UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. MESSAGE AND DATA RATES MAY APPLY. BY ENTERING VIA TEXT MESSAGE, YOU AGREE THAT YOU ARE PROVIDING SPONSOR WITH YOUR EXPRESS WRITTEN CONSENT FOR YOU TO RECEIVE UP TO FOUR TEXT MESSAGES USING AUTOMATED TECHNOLOGY IN RESPONSE TO YOUR ENTRY. TEXT MESSAGING MAY NOT BE AVAILABLE THROUGH ALL WIRELESS CARRIERS. CONSENT IS NOT A CONDITION OF PURCHASE OR ENTRY. VOID WHERE PROHIBITED.
The “TMZ &TMZ LIVE Chance at 2 Million Dollar Sweepstakes” (“Sweepstakes”), begins on Monday, May 13, 2019 at 12:00:00 a.m. Pacific Time (“PT”) and ends at 11:59:59 p.m. PT on Friday, May 24, 2019, with entry available only on weekdays Monday through Friday (the “Sweepstakes Period”). Sponsor’s computer will serve as the official time piece for the Sweepstakes.
The Sweepstakes is open to individuals who meet the following criteria: (a) are eighteen (18) years of age (or age of majority in their jurisdiction of residence) or older, and (b) are a legal resident of and currently physically residing in one of the 50 United States or the District of Columbia (the “Entrant”). Void wherever restricted or prohibited by law. EHM Productions Inc. (“Sponsor”), “TMZ”, AT&T, WarnerMedia, Warner Bros. Entertainment, Warner Bros. Home Entertainment, Vibes, Odds On Promotions, Everest National Insurance Company and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the "Sweepstakes Entities”) are not eligible to participate in the Sweepstakes and/or win a Prize (as defined below). Additionally, immediate family members of such employees and persons living in the same household of such employees (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses. By entering this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed. All federal, state and local laws and regulations apply.
HOW TO ENTER:
Participants can enter online at www.TMZsweepstakes.com or by texting to 34490, as detailed below. Weekdays between May 13, 2019, and May 24, 2019, each first-run syndicated episode of the television shows “TMZ” & "TMZ LIVE" (the “Programs”) (repeat episodes are not eligible) will feature a lower third graphic unique daily keyword (the “Word of the Day”). To enter the Sweepstakes, watch the Programs in participating broadcast markets only during the Sweepstakes Period, (check your local listings for the time and station) and note the Word of the Day. Then submit the Word of the Day following the instructions below so it is received by 11:59:59 pm PT on the same day the word was aired. Each week day will air a new Word of the Day. An incorrect Word of the Day will disqualify an Entrant’s entry from being included in the Daily Prize drawing. Entries that do not include the correct information in full or which are submitted other than outlined below will be disqualified. Online entry and text entry are the only two methods of entry for the Sweepstakes. Entries received before and/or after the Sweepstakes Period will be void. All entries become the sole property of Sponsor and will not be acknowledged or returned. Proof of submitting a Sweepstakes entry will not be deemed by Sponsor as proof of receipt of entry into the Sweepstakes. Any attempted form of entry into the Sweepstakes other than as described herein is void.
(1) Online Entry: To enter online, visit www.TMZsweepstakes.com and complete the Official Online Registration form by entering all of the required information and following all posted instructions. Depending on the date of your entry, you will be required to submit the applicable Word of the Day. If the Programs did not feature a Word of the Day or if you live in a broadcast market that is not participating, you may enter by typing “None” in the appropriate field of the entry form. If selected as a Daily Prize winner, Sponsor will send an email to Entrant with a URL to a special Sweepstakes website. The site will provide Entrant with instructions on how to claim a Daily Prize (subject to Sponsor’s verification process). Receipt of an email notification is not in and of itself evidence that an Entrant has won a prize. All potential Prize winners are subject to verification.
(2) Text Entry: To enter via SMS text messaging, text the applicable Word of the Day that appeared on the Program to 34490. Entrant will be required to follow any on-screen instructions to complete the entry. Standard message rates and other carrier fees may apply. If selected as a Daily Prize winner, Sponsor will send a text message to Entrant with a URL to a special Sweepstakes website. The site will provide Entrant with instructions on how to claim a Daily Prize (subject to Sponsor’s verification process). Receipt of the text message notification is not in and of itself evidence that an Entrant has won a prize. All potential Prize winners are subject to verification.
Entries are accepted on weekdays only during the Sweepstakes Period. Limit of two entries per person per day, regardless of method of entry. In the event that an Entrant exceeds the limit, Sponsor may, at Sponsor’s sole discretion, disqualify all entries by the Entrant. Entries generated by a script, macro or other automated means will be disqualified. Illegible or incomplete entries, as determined by Sponsor in its sole discretion, will be disqualified. By entering, Entrant certifies that he/she is eighteen (18) years of age (or age of majority in their jurisdiction of residence), and is the account holder of the email or mobile phone number used for entry, or has the account holder’s permission.
WINNER SELECTION AND NOTIFICATION PROCESS:
Daily Prize Winners: (10) Daily prize winners, one for each weekday of the Sweepstakes Period. Daily prize winners will be selected in a random drawing from among all valid entries received within 24 hours after each daily entry deadline.The first eligible provisional Daily Prize winner that the Sponsor successfully contacts personally by phone, text or email and who claims the Prize in accordance with these Official Rules will be declared the Daily Prize winner (subject to verification).
Grand Prize Winner:
A random drawing from among all ten (10) Daily prize winners during the Sweepstakes Period will be conducted during regular business hours on or about June 3, 2019, to select one (1) Grand Prize winner (”Grand Prize winner”). The first eligible provisional Grand Prize winner that the Sponsor successfully contacts personally by phone, text or email and who claims the Prize in accordance with these Official Rules will be declared the Grand Prize winner (subject to verification). The Grand Prize winner accepts that receipt of prize is contingent upon fulfilling all the Grand Prize requirements set forth in these Official Rules. Failure to do so will constitute forfeiture of the Grand Prize, in its entirety.
Potential Prize winners will be required to execute an Affidavit of Eligibility, Liability/Travel Release and, except where prohibited, Publicity Release (collectively, “Affidavit/Release”). The Affidavit/Release must be returned to the Sponsor within twenty-four (24) hours of receipt of the Affidavit/Release. If Prize or prize notification is undeliverable, or if Prize winner does not accept the Prize and/or return all required documentation and signatures within twenty-four (24) hours following the date and time the Prize is awarded, then that winner will be disqualified and an alternate winner will be selected, time permitting. Sponsor reserves the right to conduct a background check on Grand Prize winner and/or Guest as a condition of awarding the Grand Prize.
In the event of a dispute over the identity of a potential winner, the entry will be declared made by the authorized account holder of the email address/cell phone number submitted at the time of entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address/cell phone number. The authorized account holder is deemed as the natural person assigned to an email address/cell phone number by an Internet access provider, service provider or other organization responsible for assigning email addresses/cell phone numbers or the domain associated with the submitted email address.
The return of any prize, affidavit/release or prize notification as undeliverable, or a Prize winner’s failure to otherwise comply with these Official Rules will result in disqualification, the forfeiture of all interest in the prize, and selection of a substitute provisional Prize Winner from among all remaining eligible entries, time permitting. Unless prohibited by law, acceptance of a prize constitutes permission for the Sweepstakes Entities and their respective advertising and promotional agencies to use the Prize winner’s name, address (city and state) and/or photo, image or likeness for advertising and trade purposes without further compensation, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation the Internet.
A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES.
Daily Prizes: A total of ten (10) Daily prizes will be awarded. Each Daily Prize winner will receive:
- Five Hundred Dollars ($500), to be awarded in the form of a check or Visa Gift Card.
- The odds of winning a Daily Prize is based on the total number of valid entries received per Daily drawing period.
- Total Retail Value (“RV”) of Daily Prizes is $5,000.
- Gift Card prize is subject to terms and conditions printed thereon.
- No prize transfers or substitutions allowed.
Only one (1) grand prize (a “Grand Prize”) will be awarded. The Grand Prize winner will receive:
- A one-time lump sum payment of Five Thousand Dollars ($5,000), to be awarded in the form of a check made payable to the Grand Prize winner.
- The chance to win Two Million Dollars ($2,000,000). Odds are 1 in 100.
- The Grand Prize winner will be given the opportunity to select one (1) envelope from among one hundred (100) envelopes provided by Sponsor at a Grand Prize Event (“Event”).
- Event location will be determined after Grand Prize winner is selected and at the sole discretion of EHM Productions. Event location may be in winner’s hometown or at an EHM Production location in Los Angeles, CA, to be determined at Sponsor’s sole discretion.
- If the envelope selected by the Grand Prize winner reveals or states “You Win Two Million Dollars”,Two Million Dollars ($2,000,000) will be awarded to the Grand Prize winner, subject to verification, in one (1) of the following methods (as determined in the sole discretion of Odds On Promotions):
(a) an annual annuity of Fifty Thousand Dollars ($50,000) for forty (40) years;
(b) the purchase of a single premium deferred annuity, from an A.M. Best rated “B” or better Legal Reserve Life Insurance Company of Fifty Thousand Dollars ($50,000) over forty (40) years; or
(c) the purchase of any other investment grade funding vehicle or financial instrument.
- The Event trip is estimated at $2,500 and may include roundtrip economy class airfare for the Prize winner and up to one (1) guest to the greater Los Angeles area, hotel accommodations for two (2) nights (one room/double occupancy). Winner may also receive social media recognition from “TMZ” talent and/or a story on TMZ.com related to Winner (subject to availability and shall be at the sole discretion of Sponsor). If Prize winner lives within a 200 mile radius of Event location, air transportation may be substituted with another method of transportation to be selected by Sponsor in its sole discretion.
- Approximate Retail Value (“ARV”) of the Grand Prize (Check and Trip): Seven Thousand and five hundred dollars ($7,500).
- In the event the Grand Prizewinner selects the winning envelope, Prizewinner will win Two Million Dollars ($2,000,000), PAID OUT IN A 40-YEAR ANNUITY (current annuity value approximately $1,160,000, the value of the annuity is subject to market rates at the time of distribution). The $2,000,000 annuity, if awarded, will be paid by Everest National Insurance Company.
IF THE ENTRANT DOES NOT SELECT THE WINNING ENVELOPE, THE $2,000,000 ANNUITY WILL NOT BE AWARDED.
- Total maximum value of all prizes available in this Sweepstakes is $2,012,500.
All Prize winners are solely responsible for the reporting and payment of any and all federal, state and local taxes as well as any other costs and expenses associated with acceptance and use of a Prize not specified herein as being awarded. Grand Prize winner will be issued an IRS form 1099 based on the actual value of the Prize awarded.
GRAND PRIZE RESTRICTIONS:
- Entrants for the Grand Prize must be available to travel to Los Angeles, CA or a location chosen by EHM Productions on the dates and times designated by Sponsor. If a potential winner is not available for travel on the designated date(s) then he or she will forfeit the Grand Prize and Sponsor may, at Sponsor’s sole discretion, randomly select an alternate potential Grand Prize winner from the remaining Daily Prize winners.
- The Grand Prize winner will be required to review and execute further contracts and releases provided by Sponsor in order to receive the applicable Prize.
- In the event the Grand Prize winner (and/or his or her companion (if applicable)) engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Prize or other applicable experience early.
- Guest must be eighteen (18) years of age or older, and will be required to complete a Travel Release prior to travel.
- The Grand Prize winner and guest must travel on the same itinerary (including the same departure date, destination, and return date). Failure to do so will result in forfeiture of the Prize.
- Specific travel dates and arrangements are subject to air travel, holiday, blackout dates, and other prize and travel restrictions.
- Reservations are subject to availability. Travel dates are subject to Sponsor approval.
- ARV of the Prize may vary depending upon the points of departure and/or airline fare fluctuations.
- Any difference between stated ARV and final actual value of the Prize will not be awarded.
- The Prize consists only of the elements expressly set forth above, and no other elements or expenses (including, without limitation, insurance, meals, ground transportation, phone calls, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Grand Prize and all such expenses are the sole responsibility of the Grand Prize winner.
- The Grand Prize winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Travel arrangements must be made through Sponsor.
- The Grand Prize winner and any travel companion will be required to provide appropriate government issued photo identification at time of travel, and are solely responsible for determining and obtaining all necessary travel documents and complying with all other travel requirements.
- No refund or compensation will be paid in the event of the cancellation or delay of the Prize or any Prize component.
- Sponsor will not be liable if the Grand Prize, or any Portion of the Grand Prize, is cancelled or delayed.
- Sponsor will not be responsible for any expenses incurred by Grand Prizewinner and Guest as a result of cancelled or delayed flights.
- Sponsor may, in Sponsor’s sole discretion, attempt to reschedule for a future trip/event.
- Prize tickets are subject to certain terms and conditions as specified by issuer. The terms and conditions of the tickets may govern if a Grand Prize component is cancelled due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen tickets, vouchers or certificates. In the event of such loss, Sponsor shall have the right, in Sponsor’s sole discretion, to disqualify the Grand Prize winner or to award the Prize winner the remaining elements of the Prize which shall constitute full satisfaction of Sponsor’s prize obligation to the Grand Prize winner and no additional compensation will be awarded.
- Insurance is the sole responsibility of the Grand Prize winner and any guest.
- There is no substitution for any Grand Prize or any portion thereof and no refunds will be given for any unused portion of the Grand Prize. The Prize is not transferable or assignable.
- All Grand Prize details are at Sponsor’s sole discretion.
Per these Official Rules, except where prohibited by law, the Daily and Grand Prize winners shall be required to grant Sponsor and/or others authorized by Sponsor the perpetual and irrevocable right and license to use his/her name, photograph, visual and audio likeness, statements, biographical information, address (including city and state of residence) and any other information contained in his/her entry on a worldwide basis, and in all forms of media now known or hereafter invented or discovered (including, without limitation, on the Sponsors’ web sites), in perpetuity, without further compensation, notice, review or approval.
ALL PRIZES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” SWEEPSTAKES ENTITIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF ANY PRIZE, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
All trademarks are the property of their respective owners. The use of certain companies’ products and services as Prizes does not imply participation in, approval of, or endorsement of this Sweepstakes by such companies.
TAMPERING WITH SWEEPSTAKES:
The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
SUSPENSION / MODIFICATION / TERMINATION:
In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes, without liability, should causes beyond Sponsor’s control (including, but not limited to, tampering or computer virus infection) corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION:
BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANT AGREES TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS THE SWEEPSTAKES ENTITIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, COSTS (INCLUDING ATTORNEYS’ FEES), LOSSES, DAMAGES, FINES OR INJURIES (UP TO AND INCLUDING BODILY INJURY AND DEATH) OF ANY KIND ARISING OUT OF OR RELATED TO: (I) ENTRANTS’ PARTICIPATION IN THE SWEEPSTAKES (INCLUDING TRAVEL TO/FROM ANY SWEEPSTAKES ACTIVITY); (II) ANY ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE (INCLUDING, WITHOUT LIMITATION, LOSSES, DAMAGES OR INJURIES TO ENTRANT’S OR ANY OTHER PERSON’S EQUIPMENT OR OTHER PROPERTY, OR TO THEIR PERSONS, INCLUDING THOSE ARISING FROM ANY TRAVEL TO/FROM ANY PRIZE EVENT OR ACTIVITY); (III) THE RELEASED PARTIES’ VIOLATION OF RIGHTS OF PUBLICITY OR PRIVACY, CLAIMS OF DEFAMATION OR PORTRAYAL IN A FALSE LIGHT OR BASED ON ANY CLAIM OF INFRINGEMENT OF INTELLECTUAL PROPERTY; AND (IV) ANY TYPOGRAPHICAL, HUMAN OR OTHER ERROR IN THE PRINTING, OFFERING, SELECTION, OPERATION OR ANNOUNCEMENT OF ANY SWEEPSTAKES ACTIVITY AND/OR PRIZE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ENTRANTS AGREE THAT THE RELEASED PARTIES HAVE NEITHER MADE NOR WILL BE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, IN CONNECTION WITH THE SWEEPSTAKES AND/OR WITH RESPECT TO PRIZES, INCLUDING, WITHOUT LIMITATION, TO ANY PRIZE’S QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ENTRANTS (OR ENTRANT’S PARENT IF ENTRANT IS UNDER THE AGE OF MAJORITY IN THEIR STATE/JURISDICTION OF RESIDENCE) AGREE THAT THE RELEASED PARTIES SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DISCONTINUED PRIZES; HUMAN ERROR; INCORRECT OR INACCURATE TRANSCRIPTION OF REGISTRATION AND/OR ACCOUNT INFORMATION; ANY TECHNICAL MALFUNCTIONS OF THE TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER UTILIZED BY SPONSOR INTERRUPTION OR INABILITY TO ACCESS THE WEBSITE, APPLICATION OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS; ANY DAMAGE TO PARTICIPANT’S (OR ANY THIRD PERSON’S) COMPUTER AND/OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THE SWEEPSTAKES; ANY LOST/DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, VIRUSES, BUGS, DEFECTS; AND/OR ANY OTHER ERRORS OR MALFUNCTIONS, EVEN IF CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. EACH ENTRANT (OR ENTRANT’S PARENT IF ENTRANT IS UNDER THE AGE OF MAJORITY IN THEIR STATE/JURISDICTION OF RESIDENCE) FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL LIABILITY RESULTING OR ARISING FROM THE SWEEPSTAKES AND TO RELEASE ALL RIGHTS TO BRING ANY CLAIM, ACTION OR PROCEEDING AGAINST RELEASED PARTIES AND HEREBY ACKNOWLEDGE THAT THE RELEASED PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO A PRIZE, INCLUDING EXPRESS WARRANTIES PROVIDED EXCLUSIVELY BY A SUPPLIER THAT MAY BE SENT ALONG WITH A PRIZE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY CHANGES OR UNAVAILABILITY OF THE SOCIAL MEDIA PLATFORM USED FOR PURPOSES OF ADMINISTERING THIS SWEEPSTAKES THAT MAY INTERFERE WITH THE SWEEPSTAKES (INCLUDING ANY LIMITATIONS, ANY RESTRICTIONS, OR ANY CONDITIONS ON 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 VIA THE SOCIAL MEDIA PLATFORM, IN WHICH CASE SPONSOR, IN ITS SOLE DISCRETION, MAY TERMINATE OR MODIFY THE SWEEPSTAKES. IF ENTRANT IS AN ELIGIBLE MINOR, HIS/HER PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE OFFICIAL RULES, INCLUDING, WITHOUT LIMITATION, THIS SECTION. BY ENTERING, ALL PARTICIPANTS IN THE SWEEPSTAKES, PARTICIPANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ALL SWEEPSTAKES ENTITIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO) OR PARTICIPATION IN THE SWEEPSTAKES AND THE ACTIVITIES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE SWEEPSTAKES ENTITIES.
GENERAL CONDITIONS OF ENTRY:
All Entrants, as a condition of entry, agree that they have not purchased any kind of Internet service whatsoever in order to participate in and/or enter the Sweepstakes. Entrants agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from utilizing the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE OR CELLULAR SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES OR CAMPAIGN VIOLATES CRIMINAL AND/OR CIVIL LAWS.
IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR ADMINISTERING AGENCY MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY AND ALL SWEEPSTAKES PARTICIPANTS MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
GOVERNING LAW AND VENUE:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will 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 laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT (OR ENTRANT’S PARENT IF ENTRANT IS UNDER THE AGE OF MAJORITY IN THEIR STATE/JURISDICTION OF RESIDENCE) AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Entrants (or entrant’s parent if entrant is under the age of majority in their state/jurisdiction of residence), Sponsor, and the Released Parties (each, a “Party” and collectively the “Parties”) each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either Party may, notwithstanding this provision, bring qualifying claims in small claims court.
For a copy of these Official Rules, go to: www.TMZsweepstakes.com.
For a list of Prize Winners, go to: www.TMZsweepstakes.com.
EHM Productions, Inc. 3500 W. Olive Ave., 10th Floor, Burbank, CA 91505.