Warner Bros Domestic Television Distribution – The Big Bang Theory The Flash Sweepstakes
THE BIG BANG THEORY
The Flash 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 THE
BIG BANG THEORY “THE FLASH” Sweepstakes
(“Sweepstakes”), sponsored by Warner Bros. Domestic Television
Distribution (“Sponsor”), begins Monday, May 29, 2023,
at 6:00:00 a.m. Pacific Time (“PT”) and ends at 5:59:59 a.m. PT
on Saturday, June 17, 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, and (b) are a citizen or legal
resident of and physically residing in one (1) of the fifty (50) United States
or the District of Columbia. This Sweepstakes is void in Puerto Rico, Guam,
American Samoa, all other United States territories, possessions, and
protectorates, foreign based United States military installations and wherever
restricted or prohibited by law. (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, “THE BIG BANG
THEORY” (including all entities involved in the production and/or promotion of
“THE BIG BANG THEORY” and their advertising agencies), any broadcaster airing “THE
BIG BANG THEORY” in syndication, Chuck Lorre Productions, 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, 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.
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://bigbangtheoryweeknights.com/ during the Sweepstakes Period and following
the steps below:
A.
Watch syndicated episodes of “THE BIG BANG THEORY” (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 “Character
of the Day”).
B.
Entrant must then access the Sweepstakes webpage via the banner located
at https://bigbangtheoryweeknights.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 Character 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 Character
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 Character of
the Day will disqualify an Entrant’s entry from being included in the
applicable Prize drawing. If the Show did not feature a Character 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://bigbangtheoryweeknights.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 and physically resides in one (1) of the fifty (50) United
States or the District of Columbia. (As indicated above, the Sweepstakes is
void in and excludes residents of Puerto Rico, Guam, American Samoa, any other
United States territories, possessions, and protectorates, foreign based United
States military installations 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 Character 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 fifteen (15) 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 Character
of the Day (defined above) will appear on screen.
B.
Entrant may enter the Sweepstakes by texting the applicable Character of
the Day that appeared on the Show to 55225 during the Broadcast Day on which
such Character of the Day appears in a broadcast of a syndicated episode of the
Show. An incorrect Character of the Day will disqualify an Entrant’s entry from
being included in the applicable Prize drawing. If the Show did not feature a Character
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 Character 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 fifteen (15) 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.
3. Sweepstakes Bonus
Entries:
Entrant may earn bonus (additional)
entries into the Sweepstakes. After an Entrant to the Sweepstakes submits their
entry form through the method(s) described above, Entrant will be prompted with
an opportunity to obtain additional entries into the Sweepstakes by completing
one or more of the following:
A.
Share on Twitter: Using the Sweepstakes interface, Entrant may
select the option to “Share on Twitter” which will generate a pre-approved
Tweet which Entrant can post to their Twitter timeline a maximum of one (1)
time during the Sweepstakes Period, regardless of the number of Twitter
accounts Entrant may have. Entrant must post the pre-approved Tweet that is
auto-populated by the Sweepstakes interface as-is and without alteration or
addition to earn an entry into this Sweepstakes. For posting to their timeline
using this feature, Entrant will receive a maximum of one (1) bonus entry into
the Sweepstakes, regardless of the number of Share on Twitter tweets posted to
Entrant’s timeline during the Sweepstakes Period.
For the
Share on Twitter bonus entry to be valid, during the Sweepstakes Period and for
thirty (30) days thereafter, Entrant’s Twitter profile must be public, and thus
viewable by the Sponsor and its agents, and Entrant must include the hashtag
#Sweepstakes in their post. To the extent that Entrant’s Tweet promotes Sponsor,
Entrant is responsible for disclosing in their referral Tweet that they
received an entry into this Sweepstakes in exchange for providing a promotional
message or may receive an entry into this Sweepstakes in exchange for use of
their referral link to enter the Sweepstakes. If
Entrant does not have a Twitter account, and would like to create one for free,
visit Twitter.com or download the app in the Apple App Store or the Google Play
Store and follow the instructions to set up an account. All posts to Twitter
must comply with the applicable Terms of Service and may not contain obscene,
lewd, derogatory, infringing, illegal, or inappropriate content, communicate
messages inconsistent with the positive images with which Sponsor wishes to associate
itself, or otherwise violate these Official Rules, as determined by Sponsor in
their sole and absolute discretion.
B.
Refer a Friend: Using the Sweepstakes interface, Entrant may
select the option to “Refer a Friend”. Entrant will be given the option to send
a “Refer a Friend” message via Twitter or email.
1. Email: Using the email invitation tool to invite
friends to enter the Sweepstakes, Entrant will be provided with a customized
email that includes a unique referral link. Entrant may only send an email
invitation to persons with whom they have an existing relationship and with
whom a message from them would not be considered spam. Entrant may add to, but
may not remove or modify any auto-populated copy included within the customized
email generated by the Sweepstakes interface (including, without limitation,
any disclosure regarding the rules of the Sweepstakes or regarding the fact
that Entrant may earn bonus entries through a referee’s use of your referral
link). Entrant will receive one (1) bonus entry into the Sweepstakes for each
individual who uses Entrant’s unique referral link to submit a valid entry into
the Sweepstakes. For clarity, Entrant will not earn bonus entries for using the
email invitation tool, rather the bonus entry will only be earned, as described
below, for a valid entry into the Sweepstakes made using Entrant’s referral
link obtained via email.
2. Twitter: Using the Twitter referral tool to invite
their friends/followers to enter the Sweepstakes, Entrant will be provided with
a customized Tweet that includes a unique referral link, which Entrant will
authorize to be published to their personal timeline. Entrant may add to, but
may not remove or modify any auto-populated copy included within the Tweet
generated by the Sweepstakes interface (including, without limitation, any
disclosure regarding the rules of the Sweepstakes or regarding the fact that Entrant
may earn bonus entries through a referee’s use of your referral link). Entrant
may post such referral Tweet a maximum of one (1) time per day each weekday
during the Sweepstakes Period regardless of the number of Twitter accounts
Entrant may have. Entrant will receive one (1) bonus entry into the Sweepstakes
for each individual who uses Entrant’s unique referral link to submit a valid
entry into the Sweepstakes. For clarity, Entrant will not earn bonus entries
for using the Twitter referral tool, rather the bonus entry will only be
earned, as described below, for a valid entry into the Sweepstakes made using
Entrant’s referral link obtained via Twitter. Anyone using multiple Twitter
accounts will be found ineligible.
C.
Visit THE FLASH Website: Using the Sweepstakes interface, Entrant may
select the option to “Visit THE FLASH Website”
and click on the ‘Visit Website’ button to be taken to THE FLASH Website located at https://www.dc.com/theflash.
For visiting THE FLASH Website
using this feature, Entrant will receive a maximum of one (1) bonus entry into
the Sweepstakes. No bonus entries will be earned for visiting THE FLASH Website
outside of this feature. Entrant can earn a maximum of one (1) bonus entry into
the Sweepstakes regardless of the number of the number of times they select
this option. If Entrant chooses to enter using the “Visit THE FLASH Website”
option using their mobile device, standard data rates may apply. Entrant should
consult their wireless service provider’s pricing plan for details. Use of the
website is subject to all applicable terms and policies.
D.
Watch THE FLASH Trailer: Using the Sweepstakes interface, Entrant may
select the option to “Watch THE FLASH Trailer” to watch the provided video
trailer for THE FLASH movie (the “THE FLASH Trailer”). For watching THE FLASH Trailer
using this feature, Entrant will receive a maximum of one (1) bonus entry into
the Sweepstakes regardless of the number of times Entrant selects this entry
option. Entrant must watch THE FLASH Trailer in full to earn the bonus entry.
No bonus entries will be earned for watching THE FLASH Trailer outside of this
feature. The Entrant can earn a maximum of one (1) bonus entry into the
Sweepstakes for watching THE FLASH Trailer in full regardless of the number of
times Entrant watches the video during the Sweepstakes Period. If Entrant
chooses to enter using the “Watch THE FLASH Trailer” option using their mobile
device, standard data rates may apply. Entrant should consult their wireless
service provider’s pricing plan for details.
E.
Visit THE FLASH on Facebook: Using the Sweepstakes interface, Entrant may
select the option to “Visit THE FLASH on Facebook” and click on the ‘Visit our
Facebook Page’ button which will take Entrant to THE FLASH Facebook Page.
Entrant must have a Facebook account to use this feature and to earn any bonus
entries. For visiting THE FLASH Facebook Page using this feature, Entrant will
receive a maximum of one (1) bonus entry into the Sweepstakes. No bonus entries
will be earned for visiting THE FLASH Facebook Page outside of this feature.
Entrant can earn a maximum of one (1) bonus entry into the Sweepstakes
regardless of the number of Facebook accounts they may have or the number of
times they select this option. If Entrant chooses to enter using the “Visit THE
FLASH on Facebook” option using their mobile device, standard data rates may
apply. Entrant should consult their wireless service provider’s pricing plan
for details. If Entrant does not have a Facebook account, and would like to
create one for free, visit facebook.com or download the Facebook app through
the application store on your mobile device, and follow the instructions to set
up an account. Entrant must comply with all applicable Facebook terms and
conditions. The Facebook account and mobile application are both free. All uses
of Facebook must comply with the applicable Terms and Policies and may not
contain obscene, lewd, derogatory, infringing, illegal, or inappropriate
content, communicate messages inconsistent with the positive images with which
Sponsor wishes to associate itself, or otherwise violate these Official Rules,
as determined by Sponsor in their sole and absolute discretion.
F.
Visit THE FLASH on Instagram: Using the Sweepstakes interface, Entrant may
select the option to “Visit THE FLASH on Instagram” and click on the ‘Visit us
on Instagram’ button which will take Entrant to THE FLASH Instagram account.
Entrant must have an Instagram account to use this feature and to earn any
bonus entries. For visiting THE FLASH on Instagram using this feature, Entrant
will receive a maximum of one (1) bonus entry into the Sweepstakes. No bonus
entries will be earned for visiting THE FLASH Instagram account outside of this
feature. Entrant can earn a maximum of one (1) bonus entry into the Sweepstakes
regardless of the number of the number of Instagram accounts they may have or
the number of times they select this option. If Entrant chooses to enter using
the “Visit THE FLASH on Instagram” option using their mobile device, standard
data rates may apply. Entrant should consult their wireless service provider’s
pricing plan for details. If Entrant does not have an Instagram account, and
would like to create one for free, visit instagram.com or download the
Instagram app through the application store on your mobile device, and follow
the instructions to set up an account. Entrant must comply with all applicable
Instagram terms and conditions. The Instagram account and mobile application
are both free. All uses of Instagram must comply with the applicable Terms and
Policies and may not contain obscene, lewd, derogatory, infringing, illegal, or
inappropriate content, communicate messages inconsistent with the positive
images with which Sponsor wishes to associate itself, or otherwise violate
these Official Rules, as determined by Sponsor in their sole and absolute
discretion.
G.
Take THE FLASH Poll: Using the Sweepstakes interface, Entrant may
select the option to “Take THE FLASH Poll” to reveal a poll. For taking the
poll and clicking ‘Submit Answer’ using this feature, Entrant will receive a
maximum of one (1) bonus entry into the Sweepstakes. Entrant will earn a
maximum of one (1) bonus entry into the Sweepstakes regardless of the number of
times Entrant takes the poll during the Sweepstakes Period. If Entrant chooses
to enter using the “Take THE FLASH Poll” option using their mobile device,
standard data rates may apply. Entrant should consult their wireless service
provider’s pricing plan for details.
H.
Visit The Big Bang Theory on Instagram: Using the Sweepstakes interface, Entrant may
select the option to “Visit The Big Bang Theory on Instagram” and click on the
‘Visit Now’ button which will take Entrant to The Big Bang Theory Instagram
account. Entrant must have an Instagram account to use this feature and to earn
any bonus entries. For visiting The Big Bang Theory on Instagram using this
feature, Entrant will receive a maximum of one (1) bonus entry into the
Sweepstakes. No bonus entries will be earned for visiting The Big Bang Theory
Instagram account outside of this feature. Entrant can earn a maximum of one
(1) bonus entry into the Sweepstakes regardless of the number of the number of
Instagram accounts they may have or the number of times they select this
option. If Entrant chooses to enter using the “Visit The Big Bang Theory
Instagram” option using their mobile device, standard data rates may apply.
Entrant should consult their wireless service provider’s pricing plan for
details. If Entrant does not have an Instagram account, and would like to
create one for free, visit instagram.com or download the Instagram app through
the application store on your mobile device, and follow the instructions to set
up an account. Entrant must comply with all applicable Instagram terms and
conditions. The Instagram account and mobile application are both free. All
uses of Instagram must comply with the applicable Terms and Policies and may
not contain obscene, lewd, derogatory, infringing, illegal, or inappropriate
content, communicate messages inconsistent with the positive images with which
Sponsor wishes to associate itself, or otherwise violate these Official Rules,
as determined by Sponsor in their sole and absolute discretion.
I.
Visit The Big Bang Theory on
Facebook: Using the Sweepstakes interface, Entrant may
select the option to “Visit The Big Bang Theory on Facebook” and click on the
‘Visit The Big Bang Theory Facebook Page’ which will take Entrant to The Big
Bang Theory Facebook Page. Entrant must have a Facebook account to use this
feature and to earn any bonus entries. For visiting The Big Bang Theory
Facebook Page using this feature, Entrant will receive a maximum of one (1)
bonus entry into the Sweepstakes. No bonus entries will be earned for visiting
The Big Bang Theory Facebook Page outside of this feature. Entrant can earn a
maximum of one (1) bonus entry into the Sweepstakes regardless of the number of
Facebook accounts they may have or the number of times they select this option.
If Entrant chooses to enter using the “Visit The Big Bang Theory on Facebook”
option using their mobile device, standard data rates may apply. Entrant should
consult their wireless service provider’s pricing plan for details. If Entrant
does not have a Facebook account, and would like to create one for free, visit
facebook.com or download the Facebook app through the application store on your
mobile device, and follow the instructions to set up an account. Entrant must
comply with all applicable Facebook terms and conditions. The Facebook account
and mobile application are both free. All uses of Facebook must comply with the
applicable Terms and Policies and may not contain obscene, lewd, derogatory,
infringing, illegal, or inappropriate content, communicate messages
inconsistent with the positive images with which Sponsor wishes to associate
itself, or otherwise violate these Official Rules, as determined by Sponsor in
their sole and absolute discretion.
J.
Download the Max App: Using the Sweepstakes interface, Entrant may
select the option to “Download Max App” to be provided the option of selecting
the link to download the Max app through the application store on their mobile
device. For selecting to download the Max app using this feature, Entrant will
receive a maximum of one (1) bonus entry into the Sweepstakes. Entrant will
earn a maximum of one (1) bonus entry into the Sweepstakes regardless of the
number of times Entrant may select to download the Max app during the
Sweepstakes Period. The Max App is free. If Entrant chooses to enter using the
“Download Max App” option using their mobile device, standard data rates may
apply. Entrant should consult their wireless service provider’s pricing plan
for details.
For each valid entry into the
Sweepstakes made using Entrant’s referral link, which was obtained through the
email invitation message or the Tweet post described herein, Entrant will
receive one (1) additional entry into the Sweepstakes, up to a maximum of
one-hundred (100) additional “Refer a Friend” entries total during the
Sweepstakes Period regardless of the method used or the number of referrals
received.
By submitting your information via
Twitter, you agree to the Twitter Terms of Service and privacy notice located
at: https://twitter.com/tos. By submitting your information via Instagram,
you agree to the Instagram Terms of Use and privacy notice located at: https://help.instagram.com/581066165581870.
By submitting your information via Facebook, you agree to the Facebook Terms of
Service and privacy notice located at: https://www.facebook.com/policies_center.
Multiple entrants are not permitted
to share the same mobile phone, email account, or Twitter account. Entrant may
not send more than one (1) email invitation to the same person during the
Sweepstakes Period. Message and data rates may apply. All rules, guidelines,
and terms and conditions of Twitter, Inc. apply. By including the hashtag
#Sweepstakes in their Tweet post, Entrant is confirming their acceptance and
agreement to these Official Rules.
Each Entrant is limited to one (1) original entry per Broadcast Day via
the SMS Text Entry method, one (1) original entry per Broadcast Day via the
Online Entry method, one (1) bonus entry into the Sweepstakes during the
Sweepstakes Period for the ‘Share on Twitter’ entry method, one (1) bonus entry
into the Sweepstakes during the Sweepstakes Period for the ‘Visit THE FLASH Website’ entry method, one (1) bonus entry into the Sweepstakes during
the Sweepstakes Period for the ‘Watch THE FLASH Trailer’ entry
method, one (1) bonus entry into the Sweepstakes during the Sweepstakes Period
for the ‘Visit THE FLASH on Facebook’ entry
method, one (1) bonus entry into the Sweepstakes during the Sweepstakes Period
for the ‘Visit THE FLASH on Instagram’ entry
method, one (1) bonus entry into the Sweepstakes during the Sweepstakes Period
for the ‘Take THE FLASH Poll’ entry method, one
(1) bonus entry into the Sweepstakes during the Sweepstakes Period for the ‘Visit
The Big Bang Theory on Instagram’ entry method, one (1) bonus entry into the
Sweepstakes during the Sweepstakes Period for the ‘Visit The Big Bang Theory on
Facebook’ entry method, one (1) bonus entry into the Sweepstakes during the
Sweepstakes Period for the ‘Download Max App’ entry method, and a total of
one-hundred (100) bonus entries into the Sweepstakes during the Sweepstakes
Period via the Sweepstakes Share Bonus Entry method, for a maximum total of one
hundred and thirty-nine (139) entries into the Sweepstakes. Additional entries
will be disqualified, as will incomplete entries, entries not submitted in
accordance with these Official Rules, and entries not received during the
Sweepstakes Period. Any attempt(s) made by the same individual to submit more
than the permitted number of entries by using multiple emails/mobile
numbers/accounts, 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. Entries submitted by Entrants who do not meet the eligibility
requirements (including all requirements with respect to age and residence) are
void. All materials submitted become the physical property of Sponsor and will
not be returned. In the event of a dispute over the identity of an Entrant,
entry will be deemed submitted by the registered account holder of the email
address or social media account associated with the entry, provided that person
is eligible. Prizewinners may be required to show proof of being the registered
account holder. “Registered account holder” is defined as the natural person
assigned to an email address by an Internet access provider, on-line service
provider, or other organization responsible for assigning email addresses for
the applicable domain or to a social media user name
by the applicable social platform. 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. Those
who do not follow all of the instructions, provide the required information in
their entry form, or abide by these Official Rules and/or other instructions of
Sponsor may be disqualified. The Sweepstakes Entities may run multiple
campaigns, contests, sweepstakes or other promotions simultaneously. Entry into
one (1) campaign, contest, or sweepstakes does not constitute entry into any
other.
Entrant’s entry (or
entries) must be received by Sponsor between 6:00:00 a.m. PT on Monday, May 29,
2023, and
5:59:59 a.m. PT on Saturday, June 17, 2023. Each Character of the Day is valid
until 5:59:59 a.m. PT on the Broadcast Day on which the Character of the Day
appears in a broadcast of a syndication episode of the Show, after which time
the Character 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: THE BIG BANG THEORY “THE FLASH”
Sweepstakes, c/o Warner Bros. Domestic Television Distribution, 4000 Warner
Blvd, 2nd Century Bldg. 1, Burbank, CA 91522. All entries and
related correspondence become property of Sponsor and will not be returned.
PRIZEWINNER SELECTION PROCESS:
There will be one (1)
National Grand Prizewinner, fifteen (15) National Daily Prizewinners, and five hundred
(500) National Runner-Up Prizewinners selected in this Sweepstakes. The National Grand Prizewinner, each National Daily
Prizewinner, and each National Runner-Up Prizewinner is individually referred
to herein as a “Prizewinner” and
collectively as “Prizewinners”. Each Grand Prize, Daily Prize and Runner-Up
Prize is referenced hereinafter as “Prize”
and collectively as “Prizes.”
All potential
Prizewinners will be selected through a random drawing on or about June 22,
2023 from all eligible entries received for that specific drawing in accordance
with these Official Rules. The National Grand Prizewinner will be selected
through a random drawing from among all eligible entries received for the
National Grand Prize drawing during the Sweepstakes Period. The National Daily Prizewinners
will be selected through a random National Daily Prize drawing from among all
eligible entries received for the applicable Broadcast day during the
Sweepstakes Period. Each National Runner-Up Prizewinner will be selected
through a random National Runner-Up Prize drawing from all eligible entries received
during the Sweepstakes Period, excluding those entries that have been selected
for the National Grand Prize and the National Daily Prizes. 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.
NATIONAL GRAND PRIZEWINNER:
·
One (1)
National Grand Prizewinner will receive the following:
o A Five Thousand
Dollar ($5,000.00) American Express gift card (terms and conditions of the
American Express gift card will apply)
o A Warner Bros. Prize
Pack (US $25.00) to be determined by Sponsor
Approximate Retail Value
(“ARV”) of the National Grand Prize: Five Thousand Twenty-Five Dollars (US $5,025.00).
NATIONAL DAILY PRIZEWINNERS:
·
Fifteen (15) National Daily Prizewinners (each
a “Daily Prize Winner”) will each receive:
o
A Five
Hundred Dollar ($500.00) gift card or cash or cash equivalent (as determined by
Sponsor in Sponsor’s sole discretion)
o A Warner Bros. Prize
Pack ($25.00) to be determined by Sponsor
Tickets for two (2) admissions to “THE
FLASH” at a theater near Prizewinner’s residence (ARV of $24.00)
AVR of each National Daily Prize: Five Hundred Fifty Dollars
(US $549.00). Total ARV of all National Daily Prizes: Eight Thousand Two
Hundred Thirty-Five Dollars (US $8,235.00).
NATIONAL RUNNER-UP PRIZEWINNERS:
o
Five
Hundred (500) National Runner-Up
Prizewinners (each a “Runner-Up Prize Winner”) will each receive:
Tickets for two (2) admissions to “THE
FLASH” at a theater near Prizewinner’s residence (ARV of $24.00)
Tickets are non-transferable and
may not be sold, bartered or traded.
All other charges, fees, and/or amounts, (including but not
limited to concession items and travel) are not included in the National
Runner-Up Prize.
AVR of each National Runner-Up Prize: Twenty-Four Dollars
(US $24.00). Total ARV of all National Runner-Up Prizes: Twelve Thousand
Dollars (US $12,000.00).
TOTAL ARV OF ALL PRIZES: Twenty-Five
Thousand Two Hundred Sixty Dollars (US $25,260.00).
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 Six Hundred Dollars ($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 Six Hundred
Dollars ($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 if the
potential Prizewinner cannot attend or participate in any portion of the Prize,
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 fifty (50) United
States or D.C. (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://bigbangtheoryweeknights.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,
including those arising from any travel to/from and participation in 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, 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.,
2nd 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 https://bigbangtheoryweeknights.com/ during the Sweepstakes Period.
SPONSOR:
This Sweepstakes is
sponsored by Warner Bros. Domestic Television Distribution,4000 Warner Blvd.,
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., ”THE BIG
BANG THEORY”, and their logos are trademarks of Warner Bros. Entertainment,
Inc. 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.