FLIP OR FLOP
Summer Block
Sweepstakes
OFFICIAL RULES
NO PURCHASE OR PAYMENT
NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT
INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING ARE
DEPENDENT UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED
BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE
AGREEMENT WILL BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING
ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION
FORMAT.
THIS SWEEPSTAKES IS IN
NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH TWITTER, INC., META
PLATFORMS, INC., FACEBOOK, INC., INSTAGRAM, INC., GOOGLE, LLC., OR APPLE, INC.
ENTRY PERIOD:
The entry period for FLIP
OR FLOP “SUMMER BLOCK” Sweepstakes (“Sweepstakes”),
sponsored by Warner Bros. Domestic Television Distribution (“Sponsor”),
begins Monday, July 10, 2023, at 6:00:00 a.m. Pacific
Time (“PT”) and ends at 5:59:59 a.m. PT on Saturday, August 5,
2023 (the “Sweepstakes Period”). Any
attempted form of entry into the Sweepstakes other than as described herein is
void.
ELIGIBILITY:
The Sweepstakes is
open only to individuals who meet the following criteria at the time and date
of entry and through award of the prizes: (a) are eighteen (18) years of age
(or age of majority in their jurisdiction of residence, if over 18) or older,
who (only applicable if using text method of entry) have a registered wireless
account with Short Message Services (“SMS”)
capability and/or wireless internet service, (b) are a citizen or legal
resident of the United States, and (c) is a resident of and physically residing
in the Designated Market Area of New Orleans, LA, Spokane, WA, Denver, CO, or Memphis,
TN. The Designated
Market Area for each of the four (4) aforementioned cities
shall be as defined by Nielsen as of the commencement of this Sweepstakes (“DMA”). This Sweepstakes is void outside of the DMA
of each of New Orleans, LA, Spokane, WA, Denver, CO, and Memphis, TN, and
wherever restricted or prohibited by law or these Official Rules. (Any person
who attempts to participate in this Sweepstakes, regardless of whether they
satisfy the above eligibility requirements and/or ultimately enter the
Sweepstakes successfully, is referred to in these Official Rules as an
“Entrant”).
Sponsor, “FLIP OR FLOP”
(including all entities involved in the production and/or promotion of “FLIP OR
FLOP” and their advertising agencies), any broadcaster airing “FLIP OR FLOP” in
syndication, Discovery, Inc., HGTV, Warner Bros. Television, Warner Bros.
Entertainment Inc., any other party participating in the design, operation,
promotion, or fulfillment of this Sweepstakes, 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 any such ineligible
person and persons living in the same household as any such ineligible person
(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,
and “persons 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.
By entering this Sweepstakes, Entrant agrees
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.
HOW TO ENTER:
You may enter via SMS or online. (Entrants initiating
the entry process via SMS must then complete an online entry form to finish
submitting their entry.) Upon submission of an entry, Entrant will be prompted
with an opportunity via a pop-up notice to obtain bonus entries to the
Sweepstakes. Please refer to “Sweepstakes Share Bonus Entry” as described below
for information and restrictions.
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.
Sponsor’s computer will serve as the official timepiece for the
Sweepstakes.
To Enter:
1. Online Entry:
If the Entrant meets
the eligibility criteria set forth above, to enter online, Entrant may enter
the Sweepstakes by going to the website located at https://WBDwin.com during the
Sweepstakes Period and following the steps below:
A.
Watch syndicated episodes of “FLIP OR FLOP” (the “Show”) weekdays during the Sweepstakes Period (check your local
listing for time of broadcast). During each broadcast of the syndicated episode
of the Show during the Sweepstakes Period, an entry word will appear on screen
(the “Word of the Day”).
B.
Entrant must then access the Sweepstakes webpage via the banner located
at https://WBDwin.com and click the banner.
C.
Online Entrant must then complete and submit the Sweepstakes entry form,
including all of the following:
·
All required contact information requested on the Sweepstakes page,
including, but not limited to, Entrant’s first name, last name, e-mail address,
mailing address, and phone number(s) (“Personal
Information”).
·
Entrant will also be required to check a box acknowledging that Entrant
has read and accepts this Sweepstakes’ Official Rules.
D.
Entrant must then enter the correct Word of the Day. A broadcast day is
the period of time which begins at 6:00:00 a.m. PT on any given weekday and
continues until 5:59:59 a.m. PT the next calendar day (the “Broadcast Day”). The applicable Word of the Day will be valid
during the Sweepstakes Period only for the Broadcast Day on which the
applicable episode of the Show aired. An incorrect Word of the Day will
disqualify an Entrant’s entry from being included in the applicable Prize
drawing. If the Show did not feature a Word of the Day, you may enter by typing
“None” in the appropriate field of the entry form. A qualifying entry requires all of the following elements submitted via https://WBDwin.com :
1.
Acknowledgment that Entrant meets the eligibility requirements criteria:
a. Entrant is at least
eighteen (18) years of age; (or age of majority in their jurisdiction of
residence, if over 18);
b. Entrant is a citizen
or legal resident of the United States;
c. a resident of and
physically residing in the DMA of New Orleans, LA, Spokane, WA, Denver, CO, or
Memphis, TN. This Sweepstakes is void outside of the DMA of New Orleans, LA,
Spokane, WA, Denver, CO, and Memphis, TN, and wherever restricted or prohibited
by law or by these Sweepstakes Official Rules;
2.
The required Personal Information, as described above; and
3.
The correct Word of the Day or if none was provided “None.”
E.
Limit one (1) entry into the Sweepstakes per person, regardless of the
number of email addresses they may have, per Broadcast Day through this Online
Entry method, up to a maximum of twenty (20) total entries during the
Sweepstakes Period using this method.
2. SMS Text Entry:
By participating in
the Sweepstakes via SMS text entry, Entrant is agreeing to receive up to four
(4) automated marketing messages per request to the mobile number provided at
entry. Consent is not a condition of purchase or entry. Neither Sponsor, any
other Sweepstakes Entity, nor the wireless carriers are liable for delayed or
undeliverable messages. Privacy policy: http://www.warnerbros.com/privacy-center-wb-privacy-policy. Text HELP for help.
Text STOP to cancel. Message & data rates may apply.
If the Entrant meets
the eligibility criteria set forth above, Entrant may also enter the
Sweepstakes by completing the following steps:
A.
Watch syndicated episodes of the Show weekdays during the Sweepstakes
Period (check your local listing for time of broadcast). During each broadcast
of the syndicated episode of the Show during the Sweepstakes Period, a Word of
the Day (defined above) will appear on screen.
B.
Entrant may enter the Sweepstakes by texting the applicable Word of the
Day that appeared on the Show to 55225 during the Broadcast Day on which such Word
of the Day appears in a broadcast of a syndicated episode of the Show. An
incorrect Word of the Day will disqualify an Entrant’s entry from being
included in the applicable Prize drawing. If the Show did not feature a Word of
the Day, Entrant may submit “None” to 55225 for that Broadcast Day’s entry.
Message rates and other carrier fees may apply.
C.
If an Entrant texts the correct Word of the Day for that Broadcast Day,
they will receive a response message from Sponsor instructing Entrant to visit
a designated web page to complete their entry. Entrant will be required to
follow all on-screen instructions requested to complete the entry and will be
required to provide the required Personal Information.
D.
If selected as a Prizewinner (as defined below), Sponsor will send a
text message to Entrant with a URL to a special Sweepstakes website. The
website will provide Entrant with instructions on how to claim a Prize (subject
to Sponsor’s verification process). Receipt of the text message is not in and
of itself evidence that an Entrant has won a Prize. All potential Prizewinners
are subject to verification.
E.
Limit one (1) entry into the Sweepstakes per person, regardless of the
number of phone numbers they may have, per Broadcast Day through this SMS Text
Entry method, up to a maximum of twenty (20) total entries during the
Sweepstakes Period using this method.
By entering via text
message, Entrant certifies that Entrant satisfies the eligibility requirements
(see above) and is the wireless account holder or has the account holder’s
permission. Up to four (4) text messages are typically delivered per text
entry. In addition to any entry or submission, Entrant’s carrier’s message and
data rates may apply. Sponsor will not be liable for any delays in the receipt
of any text messages as delivery is subject to effective transmission from
Entrant’s network provider. Text messages are provided on an “as-is” basis.
Data obtained by Sponsor in connection with text message entries may include
Entrant’s Personal Information, wireless carrier’s name, and the date, time and
content of the message. Such information may be used by Sponsor to contact
Entrant.
Entrant’s entry (or
entries) must be received by Sponsor between 6:00:00 a.m. PT on Monday, July 10,
2023, and
5:59:59 a.m. PT on Saturday, August 5, 2023. Each Word of the Day is valid
until 5:59:59 a.m. PT on the Broadcast Day on which the Word of the Day appears
in a broadcast of a syndication episode of the Show, after which time the Word
of the Day is reset.
It is the sole
responsibility of the Entrant to notify Sponsor in writing of any changes to
Personal Information, including email addresses, by mailing such notice (for
receipt during the Sweepstakes Period) to: FLIP OR FLOP “SUMMER BLOCK”
Sweepstakes, c/o Warner Bros. Domestic Distribution, 4000 Warner Blvd, Burbank,
CA 91522. All entries and related correspondence become property of Sponsor and
will not be returned.
PRIZEWINNER SELECTION
PROCESS:
There
will be four (4) Grand Prizewinners, and twenty (20) Daily Prizewinners selected
in this Sweepstakes.
The Grand Prizewinners must reside in one of the following DMAs to be
eligible for the Sweepstakes: New Orleans, LA, Spokane, WA, Denver, CO,
Memphis, TN. Each Grand Prizewinner and Daily Prizewinner is individually
referred to herein as a “Prizewinner” and collectively as “Prizewinners”. Each
Grand Prize and Daily Prize is referenced hereinafter as “Prize” and
collectively as “Prizes.”
All potential
Prizewinners will be selected through a random drawing on or about August 9,
2023 from all eligible entries received for that specific drawing in accordance
with these Official Rules. The Grand Prizewinners will be selected through a
random drawing from among all eligible entries received for each DMA drawing
during the Sweepstakes Period. The Daily Prizewinners will be selected through
a random Daily Prize drawing from among all eligible entries received in the
DMAs of New Orleans, LA, Spokane, WA, Denver, CO, and Memphis, TN for the
applicable Broadcast Day during the Sweepstakes Period, excluding those entries
that have been selected for the Grand Prize. Sponsor will have complete
discretion over interpretation of the Official Rules, administration of the
Sweepstakes, and selection of the prizewinners. Decisions of the Sponsor as to
the selection of the prizewinners will be final. Entrant shall be awarded a
maximum of one (1) Prize regardless of the number of eligible entries submitted
by Entrant.
If a potential
Prizewinner is found ineligible or fails to comply with these Official Rules,
that individual’s claim to a Prize is forfeited and an alternate qualifying and
eligible Entrant may be contacted at Sponsor’s sole discretion. Sponsor
reserves the right to conduct a background check on any Prizewinner as a condition
of awarding a Prize.
All Prizes
legitimately claimed will be awarded.
GRAND PRIZEWINNER:
·
One (1)
Grand Prizewinner per DMA will receive the following:
o A Two Thousand Five
Hundred Dollar ($2,500.00) American Express gift card (terms and conditions of
the American Express gift card will apply)
o DMAs: New Orleans,
LA, Spokane, WA, Denver, CO, Memphis, TN
Approximate Retail Value
(“ARV”) of each Grand Prize: Two Thousand Five Hundred Dollars (US $2,500).
Total ARV of all Grand Prizes: Ten Thousand Dollars (US $10,000.00).
DAILY PRIZEWINNERS:
·
Twenty (20) Daily Prizewinners (each a “Daily
Prize Winner”) will each receive:
o
A Two Hundred
Fifty Dollar ($250) gift card or cash or cash equivalent (as determined by
Sponsor in Sponsor’s sole discretion)
AVR of each Daily Prize: Two Hundred Fifty Dollars (US $250.00).
Total ARV of all Daily Prizes: Five Thousand Dollars (US $5,000.00).
TOTAL ARV OF ALL PRIZES: Fifteen
Thousand Dollars (US $15,000.00).
Limit one (1) Prize per
person and per household in the entirety of this Sweepstakes.
All Prizewinners will
be required to review and execute further contracts and releases provided by
Sponsor to receive the applicable Prize. (See the “Prizewinner Notification”
section below for details.) All terms and conditions of the Sponsor Affidavit
(defined below) or other prize-acceptance documentation, as well as any other
rules, regulations and guidelines of Sponsor shall be applicable to the Prize.
PRIZEWINNER NOTIFICATION:
Each potential
Prizewinner will be notified using the Personal Information provided during
entry by any of email, telephone, mail, text message, a post on the potentially
winning entry, or through a direct message on a social media platform (if
applicable) (method to be selected by Sponsor in its sole discretion) in a
commercially reasonable time after the drawing. The potential Prizewinner must
respond within twenty-four (24) hours of notification, and in accordance with
the instructions in the notification, or the Prize may, in Sponsor’s sole
discretion, be forfeited. 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,
text, direct message on a social media platform, and/or placing of a phone
call, one (1) day after sending via a delivery service, or two (2) days after
mailing. A potential Prizewinner who provides a P.O. Box may be required to
provide an alternative physical address and this may cause a delay in
notification and acceptance, so use of a P.O. Box is discouraged. 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, insufficient space in Entrant’s email or voicemail inbox to receive
messages, or any limitations associated with receipt or delivery of text
messages or direct messages.
Each potential
Prizewinner 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 their Prize. In
addition, for any prize with a value of $600 or more, or in the event the
potential Prizewinner has been awarded prizes in other promotions operated by
Sponsor for which this prize will cause the total value of all prizes received
in a calendar year from the Sponsor to be $600 or more, the potential
Prizewinner shall be required to return a completed IRS Form W-9 to the Sponsor
prior to Sponsor’s delivery of the prize (the “W9”). All Prize claims,
including any required Affidavit, are subject to verification by Sponsor. If
any potential Prizewinner fails or refuses to sign and return such Affidavit
and W9 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 Prizewinner, such potential Prizewinner may be
disqualified and an alternate Prizewinner may be selected. Non-compliance shall
result in disqualification. If any potential Prizewinner is found to be
ineligible, or if they have not complied with these Official Rules and all
other additional or supplemental rules or instructions, or declines a Prize for
any reason prior to award, such potential Prizewinner may be disqualified and
an alternate potential Prizewinner may be selected. If, for any reason, more
bona fide Prizewinners 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 Prizewinner.
ADDITIONAL PRIZE INFORMATION:
Sponsor reserves the right to conduct a background check on the
potential Prizewinner and each potential Prizewinner agrees to execute any
additional documentation necessary for and to cooperate fully in any such
background check conducted by or on behalf of Sponsor.
Sponsor will not
replace any lost or stolen cash, cash equivalent, gift cards, or other forms of
prize distributed. In the event of such a loss, Sponsor shall have the right,
in Sponsor’s sole discretion, to disqualify the Prizewinner or to award to that
Prizewinner the remaining elements of the Prize which shall constitute full
satisfaction of Sponsor’s prize obligation to the Prizewinner and no additional
compensation will be awarded.
Terms and conditions of any gift card awarded apply. Any taxes (federal,
state, and local) and all other costs and expenses associated with Prize
acceptance or use and not specified in these Official Rules as being part of a
Prize will be the sole responsibility of the Prizewinner. Any Prize details not
specified in these Official Rules will be determined by Sponsor in its sole
discretion. Sponsor reserves the right to substitute any Prize or any portion
thereof with another Prize or Prize component of equal or greater value for any
reason, including unavailability of the stated Prize. Entrants waive the right
to assert, as a cost of winning any Prize, any and all costs of verification
and any liability and publicity which might arise from claiming or seeking to
claim said Prize.
If Prizewinner does not accept the entire Prize, the unaccepted Prize (or
part of the Prize) will be forfeited and Sponsor will have no further
obligation with respect to that Prize or any portion of that Prize. Sponsor
will have no liability for a potential Prizewinner’s failure or inability to
accept a Prize for any reason. Any failure to use a Prize after acceptance does
not relieve the Prizewinner of their tax obligations associated with winning
the Prize. No transfers, prize substitutions or cash redemptions will be made,
except at Sponsor’s sole discretion. Prizewinner is strictly prohibited from
selling, auctioning, trading or otherwise transferring the opportunity to
receive the Prize, except with Sponsor’s permission, which may be granted or
withheld for any reason in its sole discretion. Prizes will only be shipped or
otherwise provided to the verified Prizewinner’s address in the DMA of New Orleans, LA,
Spokane, WA, Denver, CO, or Memphis, TN
(unless Sponsor agrees otherwise in its sole discretion).
PRIVACY STATEMENT:
Entrant’s Personal
Information will be utilized by Sponsor for fulfillment of Sweepstakes Prizes
and to comply with legal requirements, and otherwise in accordance with
Sponsor’s Privacy Policy. To review Sponsor’s Privacy Policy, go to http://www.warnerbros.com/privacy-center-wb-privacy-policy. To review Sponsor’s
Terms of Use, which apply to your use of the https://WBDwin.com site, go to http://www.warnerbros.com/terms-use. By entering this
Sweepstakes, Entrant accepts and agrees to abide by all Sponsor policies and
terms.
OWNERSHIP AND LICENSE:
All Sweepstakes
related materials, including submission entries (“Submission”) becomes the
property of Sponsor and will not be acknowledged or returned. The copyright in
any Submission shall remain the property of Entrant, but entry into this
Sweepstakes constitutes Entrant’s irrevocable and perpetual permission and
consent, without further compensation, right to review, or attribution, to use,
reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance,
make derivative works of, or display such Submission for any purpose,
including, but not limited to, editorial, advertising, trade, commercial, and
publicity purposes by Sponsor and/or others authorized by Sponsor, in any and
all media now in existence or hereafter invented, throughout the universe, for
the duration or the copyright in the Submission. Sponsor and/or others
authorized by Sponsor shall have the right to use, distribute, perform,
display, print, publish, transmit, make derivative works of, edit, adapt, and
modify the Submission. All Entrants submitting materials/content as part of the
Sweepstakes will be non-exclusively licensing (with the unlimited right to
sublicense) to Sweepstakes Entities the right to use Entrant’s name, social
media account username and likeness, for any purpose (including any and all
commercial purposes). Entrant represents and warrants that the materials
submitted will not infringe or violate any right whatsoever, including, without
limitation, any personal rights (e.g., defamation, privacy, false light, moral
right, etc.) or any property rights (e.g., copyright, trademark, right to
ideas, etc.) of any person or entity and the use thereof will result in no
third-party liability or obligations. Any Entrant posting or submitting content
with obscene or other inappropriate material may be disqualified by Sponsor, in
its sole and absolute discretion.
Any use of any of the
Sweepstakes Entities trademarks or copyright interest for any purpose not
authorized by Sweepstakes Entities is strictly prohibited and may subject
Entrant to civil and/or criminal liability.
PUBLICITY GRANT:
Subject to applicable
law, each Entrant irrevocably grants 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, social-media username,
biographical material, any content included in an entry, and any other personal
attribute or identifier for advertising, promotional and/or publicity purposes,
in all forms of media and by all manners (now and hereafter known), worldwide,
in perpetuity, without any compensation, obligation, notice or consideration
except for the awarding of the Prize(s) to the Prizewinners.
NO WARRANTIES:
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. Any and all warranties for
a prize, or any portion thereof – IF ANY – are contained in the manufacturers’
or service providers’ warranties, as relevant.
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.
RELEASE, HOLD HARMLESS AND
INDEMNIFICATION:
By entering, ALL ENTRANTS IN THE SWEEPSTAKES, ENTRANT’s
HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS release and
agree to defend, indemnify and hold harmless ALL sweepstakes ENTITIES, TWITTER,
META, FACEBOOK, INSTAGRAM, APPLE, GOOGLE, AND EACH OF THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (THE “RELEASED PARTIES”) 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 ANY OTHER RELEASED PARTY.
DISCLAIMERS:
By participating in
the Sweepstakes, Entrant agrees to release, discharge, indemnify, and hold harmless
the 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)
Entrant’s 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); (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,
Entrant agrees 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. Entrant agrees 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 or data
network, computer online system, computer dating mechanism, computer equipment,
software, social media platform, 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 Entrant’s (or any third person’s) computer or mobile device
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. The Released Parties are not responsible
for any changes or unavailability of the wireless carrier, internet service
provider, or 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 website,
SMS text service, or 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 website, SMS text
service, or social media platform, in which case Sponsor, in its sole
discretion, may terminate or modify the Sweepstakes.
The Sweepstakes
Entities are not responsible for human errors or for any damaged, tampered
with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged,
misaddressed, misdirected, mutilated, mass machine-generated, unintelligible,
incomprehensible, stolen entries or entries otherwise not in compliance with
these Official Rules. In addition, Sweepstakes Entities are not responsible for
any typographical errors in these Official Rules, Sweepstakes content or any
advertising materials for the Sweepstakes, or for any kind of computer,
electronic, hardware, software, Internet, network, data, technical or telephone
failures and/or problems caused by the Sponsor and/or the other Sweepstakes
Entities or the user, or by any of the equipment or programming associated with
or utilized in the Sweepstakes, or by any human, typographical, electronic,
network or other error that may occur in receiving and/or processing of the
entries in the Sweepstakes, or by infection by computer viruses, bugs,
tampering, unauthorized intervention, fraud or technical failure.
If the Sweepstakes
becomes compromised, hampered, interrupted, not capable of running as planned,
rendered impossible of performance in any way, or prevented, including, without
limitation, because of any kind of ransomware, cyber-attack, computer viruses,
bugs, electronic, hardware, software, Internet, network, technical or telephone
failures, tampering, unauthorized intervention, fraud, an event of force
majeure, or any other cause
created by Sponsor and/or the other Sweepstakes Entities, any user or Entrant
or a third party, or by any of the equipment or programming associated with or
utilized in the Sweepstakes, Sponsor reserves the right, at its sole
discretion, to change the Official Rules, to cancel, modify, suspend, or
withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify,
suspend, or withdraw any method of entry, without notice, and select
Prizewinners from all valid entries received for the Sweepstakes prior to or
after the cancellation, modification, suspension or withdrawal (if any) or to
otherwise award any Prize(s) as deemed fair and appropriate by Sponsor in its
sole discretion. As used herein, an event of force majeure shall be deemed to
include, without limitation, an act of God or public enemy; an act or threat of
terrorism, war (declared or undeclared), riot or civil commotion, fire, flood,
natural or man-made epidemic/pandemic of health or other means, earthquake,
explosion, riot or civil disturbance, public health crisis (e.g. COVID-19,
SARS, Ebola, Measles), casualties, satellite or equipment failure, boycott,
labor dispute, strike or stoppage (including a strike by the members of any
union), labor or material shortage, transportation interruption of any kind, an
act, regulation, order, guidance, or request of or by any federal, state or
local authority or quasi-governmental entity (whether or not the act,
regulation, order, guidance, or request proves to be invalid); ransomware or
cyber-attack; order of any court or jurisdiction; or any other cause not
reasonably within Sponsor’s control.
GENERAL CONDITIONS OF ENTRY:
All Entrants, as a
condition of entry, agree that they have not been required to purchase any kind
of Internet, wireless, or data service whatsoever in order to participate in
and/or enter the 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 in the sole and absolute discretion of Sponsor,
may result in immediate disqualification of 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, in 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.
Entrant further
understands and agrees 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(s) are hereby expressly and forever waived. Entrant acknowledges that
Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT
THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR
FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY THEM, WOULD
HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
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.
GOVERNING LAW:
The parties agree that
the Sweepstakes and these Official Rules will be governed, construed, and
interpreted under 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.
DISPUTE RESOLUTION:
Entrant, Sponsor, and
the other Released Parties (each, a “Party”
and collectively the “Parties”) each
agree to fully and finally settle all disputes pertaining to the Sweepstakes,
administration of the Sweepstakes, and/or these Official Rules only through
binding arbitration; provided, however, 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 are 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 or – where required by the arbitration service’s rules – in or near
your home town. 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.
LIMITATION OF LIABILITY:
BY ENTERING THE
SWEEPSTAKES, ENTRANT 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; (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; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A
CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO
SEEK INJUNCTIVE OR EQUITABLE RELIEF, PROVIDED HOWEVER THAT NOTHING IN THESE
OFFICIAL RULES WILL RESTRICT A CALIFORNIA RESIDENT’S RIGHT (IF ANY) TO PURSUE
PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW IN ACCORDANCE WITH THE
DISPUTE-RESOLUTION PROVISION ABOVE.
MISCELLANEOUS:
The invalidity or
unenforceability of any provision of these Official Rules or the Affidavit will
not affect the validity or enforceability of any other provision. In the event
that any provision of the Official Rules or the Affidavit is determined to be
invalid or otherwise unenforceable or illegal, the other provisions will remain
in effect and will be construed in accordance with their terms as if the
invalid or illegal provision were not contained herein. Sponsor’s failure to enforce
any term of these Official Rules or any other guidelines, instructions,
policies, or term will not constitute a waiver of that provision. Entrant
agrees to waive any rights to claim ambiguity of these Official Rules. Headings
are solely for convenience of reference and will not be deemed to affect in any
manner the meaning or intent of the documents or any provision hereof. In the
event there is a discrepancy or inconsistency between disclosures or other
statements contained in any Sweepstakes-related materials, privacy policy or
terms of use on any website, social media platform or application and/or the
terms and conditions of the Official Rules, the Official Rules shall prevail,
govern and control and the discrepancy will be resolved in Sponsor’s sole and
absolute discretion.
WINNER LIST:
To receive the
Prizewinners’ list, send a stamped self-addressed envelope to: “Sweepstakes
Winners’ List”, Warner Bros. Domestic Television Distribution, 4000 Warner Blvd.,
Second Century Building 1, Burbank, CA 91522 (Attn: Content Sales Marketing)
within sixty (60) days of expiration of the Sweepstakes Period. Please indicate
which Sweepstakes winners’ list you are requesting by referencing the name of
the Sweepstakes in your request.
OFFICIAL RULES:
For a copy of the Official
Rules, go to http://www.wbdwin.com/during the Sweepstakes Period.
SPONSOR:
This Sweepstakes is
sponsored by Warner Bros. Domestic Television Distribution, 4000 Warner Blvd.,
Second Century Building 1, Burbank, CA 91522.
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.
Warner Bros. and its
logos are trademarks of Warner Bros. Entertainment, Inc.; and “FLIP OR FLOP”
and its logos are trademarks of Scripps Network, LLC. and are used with
permission. All trademarks, service marks, logos, products, or service names
are the property of their respective owners. All Rights Reserved. This
Sweepstakes is in no way sponsored, endorsed or administered by, or associated
with Apple, Inc., Google, LLC, Alphabet, Inc., Twitter, Inc., Meta Platforms,
Inc., Facebook, Inc., Instagram, Inc., or any other third-party not specifically
designated by Sponsor. Information is being provided solely to Sponsor in
accordance with these Official Rules.
© 2023 Warner Bros.
Domestic Television Distribution. All rights reserved.