TELEVISION AWARDS SEASON SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM ENTRANT, A CLASS ACTION WAIVER, MANDATORY ARBITRATION OF DISPUTES, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility. The Television Awards Season Sweepstakes (the “Sweepstakes“) is open only to legal residents who are physically located in one (1) of the fifty (50) United States who are at least 18 years of age or older at the time of entry. Employees of CreativeFuture (“Sponsor“), and each of their respective parents, affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively, the “Sweepstakes Entities“), directors, officers, and each of their immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter or win. For purposes of this Sweepstakes, immediate family members are defined as spouse, domestic partner, parents, legal guardians, in-laws, grandparents, siblings, children, and grandchildren, and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law.
2. How to Enter. The Sweepstakes begins on or about 12:00AM Pacific Time on September 18, 2017 and ends at 11:59PM Pacific Time on October 31, 2017 (the “Entry Period“). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects. There is one (1) method of entry for this Sweepstakes:
Online Entry. To enter the Sweepstakes, you may visit the Sweepstakes website at https://www.creativefuture.org/tv-awards-season-drawing/ (the “Website“). The Website will contain a description of the Sweepstakes and the official entry form. Each entrant will be asked to submit an official entry form, which may include, among other things, his/her full name, address, email address, phone number, date of birth and related registration information as prompted. Entrant must complete and submit the entry form with all required information for the entry to be eligible. INFORMATION COLLECTED FROM ENTRANT VIA THE ENTRY FORM WILL BE ADDED TO THE SPONSOR’S DATABASE FOR DIRECT MARKETING PURPOSES. ENTRANTS MAY OPT OUT AT ANY TIME BY FOLLOWING THE UNSUBSCRIBE PROCESS PROVIDED BY SPONSOR. OPTING OUT WILL NOT DECREASE YOUR CHANCE OF WINNING IN THE SWEEPSTAKES.
Limit of one (1) entry per person (regardless of method) will be accepted for this Sweepstakes. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may result in the entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. All materials submitted become the property of Sponsor and will not be returned. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. For purposes of this Sweepstakes, an on-line entry is “received” when the Website’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. The Website’s database clock will be the official timekeeper for this Sweepstakes. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.
3. Winner Selection and Prize Claiming The potential winner(s) will be on or about November 15, 2017 from all eligible entries received in accordance with these Official Rules. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winner(s). Decisions of the Sponsor as to the selection of the winner(s) will be final. The potential winner(s) will be notified using the information provided during entry by any of email and/or telephone and/or mail (as selected by Sponsor) in a commercially reasonable time after the drawing. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email, placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing. A potential prize winner who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance so use of a P.O. Box is discouraged.
Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit“) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize. If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize to an alternate winner. Parents or legal guardians of any prize winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit in order for the prize winner to be qualified to receive their prize. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
4. Odds. Odds of winning will depend upon the total number of eligible entries received.
5. Prizes and Values. There will be three (3) winners total for the Sweepstakes: the first place winner will receive a free twelve (12) month subscription to HBO NOW (approximate retail value $179.88 USD); the second place winner will receive a free six (6) month subscription to HBO NOW (approximate retail value $89.84 USD); and the third place winner will receive a free three (3) month subscription to HBO NOW (approximate retail value $44.97 USD). Each subscription will terminate at the end of each subscription period. Winners will not be required to provide payment information to the Sponsor or to the HBO NOW subscription service. Prizes are non-transferable, with no cash redemptions, equivalents, or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with their prize, the Sponsor may elect, to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. a ps or any prize provider or theirand absolute , inappropriate,prize All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winner(s) will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether it, in whole or in part, is used. The approximate retail value (“ARV“) of the prize(s) is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winner(s) may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winner(s), or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited. The total ARV of all of the prizes awarded in this Sweepstakes is three-hundred and fourteen dollars and sixty-nine cents ($314.69) (USD).
Home Box Office (HBO), its parent company, its employees, and its agents are in no way affiliated with this Sweepstakes and are not responsible for the value, usability, or distribution of the aforementioned prizes.
Upon completion of the Sweepstakes, winners will receive HBO NOW gift cards that can be used towards new or existing subscriptions billed through HBO. HBO NOW gift cards cannot be redeemed towards existing subscriptions billed through a subscription provider other than HBO. If winners’ existing HBO subscriptions are billed through another subscription provider, winners will need to wait until that subscription expires, cancel that existing subscription, or open a separate subscription to use the HBO NOW gift cards.
6. Publicity Release. Subject to applicable law, winner(s) irrevocably grant the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize(s) to the winner(s).
7. 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 THE SWEEPSTAKES WEBSITE) 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.
8. 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 or local 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 and select winners from all eligible entries received prior to the action taken by Sponsor or as otherwise deemed fair and appropriate by Sponsor. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes and in such instance, Sponsor shall select winners from all eligible entries received prior to the action taken by Sponsor or as otherwise deemed fair and appropriate by Sponsor ; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
9. Waivers, Disclaimers and Releases. By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless the Sweepstakes Entities from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to 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, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from 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 Sweepstakes Entities: (A) 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; and (B) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Entities, and (2) by any cause, condition or event whatsoever beyond the control of the Sweepstakes Entities. Entrants agree that the Sweepstakes Entities 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 or Sponsor or affiliated entities’ respective websites, 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 Sweepstakes Entities. Each entrant further agrees to defend, indemnify, and hold harmless Sweepstakes Entities 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 Sweepstakes Entities and hereby acknowledge that Sweepstakes Entities 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. Sponsor is 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. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542“) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
10. Entry Information and Sweepstakes Communications. As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to these Sweepstakes or on a Sweepstakes winner’s list. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized account holder of the email address associated with the entry for the domain associated with the submitted address. Winner may be required to show proof of being the authorized account holder. Authorized account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.
11. Governing Law / Limitation of Liability. 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 Sweepstakes Entities 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 state’s laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) 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; (2) 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; (3) 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; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
12. Dispute Resolution. 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 Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant’s residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. 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.
13. List of Sweepstakes Winner(s)/Official Rules Requests. To receive a list of winner(s), send a stamped self-addressed envelope to: “Sweepstakes Winners List”, CreativeFuture, 5670 Wilshire Blvd. Suite 1650 Los Angeles, California 90036. Please indicate which Sweepstakes winners list you are requesting. A winners list may also be posted on the Sweepstakes Website for sixty (60) days after winner(s) are selected. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “Sweepstakes Official Rules”, CreativeFuture, 5670 Wilshire Blvd. Suite 1650 Los Angeles, California 90036 prior to the end of the Entry Period. Vermont residents may omit return postage with Official Rules requests.
15. Sponsor. This Sweepstakes is sponsored by CreativeFuture, 5670 Wilshire Blvd. Suite 1650 Los Angeles, California 90036. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.