HGTV – Win a $3,800 trip for 2 to Magnolia Homes Bed and Breakfast in Waco, Texas by December 23, 2015 !
FIXER UPPER’S ULTIMATE ESCAPE SWEEPSTAKES
ENDING AT 11:59:59 pm ET on 12/23/15
Fixer Upper’s Ultimate Escape Sweepstakes begins at 9:00:00 pm Eastern Time (“ET”) on 12/1/15 and ends at 11:59:59 pm ET on 12/23/15
The Sweepstakes Period will consist of four (4) separate and individual Entry Periods (the “Entry Period(s)”), as detailed in the chart in section 3 below. One (1) random drawing (the “Random Drawing(s)”) will be held on or about three (3) days after the end of each of the four (4) Entry Periods, from among all eligible entries received during such applicable Entry Period, in order to award one (1) First Prize per Entry Period, for a total of four (4) First Prizes throughout the entire Sweepstakes Period. At the end of the Sweepstakes Period, a Random Drawing will be held from among all non-winning eligible entries received during the Sweepstakes Period, in order to award one (1) Grand Prize.
The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, Guam, the U.S. Virgin Islands and other United States territories), who are twenty-one (21) years of age or older as of the start of the Sweepstakes Period and who have access to the internet and HGTV prior to learning of this Sweepstakes.
Void everywhere else outside the fifty (50) United States and the District of Columbia, or where otherwise prohibited or restricted by law. Sweepstakes is subject to all federal, state and local laws. By entering the Sweepstakes, participants are bound by and agree to these Official Rules, and the decisions of Sponsor and Administrator, which are final and binding.
3. HOW TO ENTER
During an applicable Entry Period, eligible entrants must tune in to HGTV and take note of the code word (“Code Word”) that will appear on the screen at various times (from 9:00 pm ET/PT – 11:59 pm ET/PT on Tuesdays) throughout each Entry Period, (during shows (via snipes) and during commercial breaks). Then, during such applicable Entry Period, visit www.hgtv.com/fixeruppersweeps (the “Promotional Site”) and follow the instructions to complete all required information on the registration form, provide the correct Code Word for the applicable Entry Period, and submit the online entry form (hereinafter an “Entry”). Incomplete Entries and Entries that do not contain the correct Code Word will not be eligible. There is a limit of one (1) Entry, per person, regardless of email address used, per Entry Period. Entries will NOT be carried forward into subsequent Entry Periods’ Random Drawings, if any. Notwithstanding the foregoing, all eligible non-winning entries received during the Sweepstakes Period will be entered into the Grand Prize Drawing. Normal Internet access and usage charges imposed by your on-line service provider may apply. Entries received from any person, regardless of email address used, in excess of the stated limitation will be void. All Entries must be received during an applicable Entry Period to be eligible for that Entry Period’s Grand Prize. The computer clock of the webmaster hosting the Sweepstakes is the official timekeeping device for the Sweepstakes. All Entries become the property of Sponsor and Sponsor will not verify receipt of entries.
ENTRY PERIOD CHART
Entry Period Number Entry Period Date/Time Random Drawing
(On or about)
#1 9:00:00 pm ET on 12/1/15
11:59:59 pm ET on 12/2/15 12/4/15
#2 9:00:00 pm ET on 12/8/15
11:59:59 pm ET on 12/9/15 12/11/15
#3 9:00:00 pm ET on 12/15/15
11:59:59 pm ET on 12/16/15 12/18/15
#4 9:00:00 pm ET on 12/22/15
11:59:59 pm ET on 12/23/15 12/28/15
Grand Prize All non-winning eligible entries received during the Sweepstakes Period 12/30/15
Four (4) First Prizes (each, a “First Prize”) and one (1) Grand Prize (the “Grand Prize”) are available to be awarded throughout the entire Sweepstakes Period.
Grand Prize. The Grand Prize winner, once confirmed, as detailed below, will receive a trip for Grand Prize Winner and one (1) guest to Magnolia Homes Bed and Breakfast in Waco, Texas, consisting of the following: (i) round-trip coach class airfare for Grand Prize Winner and one (1) guest to and from Waco, Texas (or other airport as determined by Sponsor) from the major U.S. airport nearest Grand Prize winner’s residence within the United States; (ii) three (3) days/two (2) nights accommodations at Magnolia Homes Bed and Breakfast (one double occupancy room); (iii) $300 travel stipend for Grand Prize winner; (iv) $500 cash for Grand Prize Winner; and (v) all taxes related to accommodations and airfare. Approximate retail value (“ARV”) of the Grand Prize: $3,800
First Prizes. Each of the four (4) First Prize winners will receive a $500 Wayfair gift card. ARV of each First Prize: $500.
Total ARV of all prizes: $5,800. There is a limit of one (1) prize per person/household, throughout the Sweepstakes Period.
5. RANDOM DRAWING AND NOTIFICATION / ACCEPTANCE
On or about the days set forth in the chart in Section 3, Random Drawings will be held, from among all eligible Entries received during the applicable Entry Period (and in the case of the Grand Prize period, those non-winning eligible entries received during the Sweepstakes Period) in order to select the First Prize winners and the Grand Prize Winner. Administrator, who is an independent judging agency, will conduct the Random Drawings. The decisions of Administrator and Sponsor are final and binding on all matters relating to this Sweepstakes. Odds of being selected as a potential winner are dependent upon the total number of eligible Entries received during the applicable Entry Period. Potential winners must comply with these Official Rules as published in order to accept a prize and be confirmed as an official winner. Sponsor or Administrator will notify each potential winner by phone and/or email on or about twenty-four (24) hours after each Random Drawing. Upon notification or notification attempt, a potential winner will be required to execute and return an affidavit of acceptance, eligibility, liability and publicity release (where legal) as well as a W-9 form, within seven (7) calendar days of such notification or notification attempt (or less if specified by Sponsor upon notification or in the release documents) or such prize will be forfeited and an alternate potential winner, who will be selected in a Random Drawing from among remaining eligible Entries from the applicable Entry Period, will be notified by phone and/or email. Sponsor will attempt to contact each potential winner two (2) times during the seven (7) calendar day period. If notification attempts for a potential winner fail for any reason, or if a potential winner does not comply with these Official Rules, such prize will be forfeited and an alternate potential winner will be selected from among remaining eligible Entries from the corresponding Entry Period. Except for winners who are residents of the State of Tennessee, acceptance of a prize constitutes permission for the Sweepstakes Entities to use the winners’ name, voice, actual or simulated likeness and biographical information in connection with the Sweepstakes and Sponsor (including, without limitation, for advertising and promotional purposes) in perpetuity, throughout the universe, in all media and mediums Sponsor sees fit, whether now known or hereafter devised, without additional compensation, unless prohibited by law.
6. GRAND PRIZE CONDITIONS
Sponsor reserves the right to perform a background check on any potential winner as a condition of awarding such prize. Administrator will furnish an Internal Revenue Service Form 1099 to each official winner for the actual value of each prize for the tax year in which the prize is awarded. Winners are responsible for all federal, state, and local taxes (including income and withholding taxes) and all other costs associated with prize acceptance and use not specified herein as being provided. No transfers of a prize, in whole or in part, will be permitted, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or portion thereof) with another prize of greater or comparable value, as determined by Sponsor. All prize details are at Sponsor’s sole discretion.
Travel must be round trip. Sponsor will determine airline, flight itinerary and hotel and accommodations in its sole discretion. If in the judgment of Sponsor air travel is not required due to Grand Prize winner’s proximity to destination, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the Grand Prize winner. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Grand Prize winner will not receive difference between actual and ARV. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. All travel must be completed by December 31, 2016, and must be arranged with Sponsor a minimum of thirty (30) days in advance, and is subject to availability and Sponsor’s approval. If Grand Prize winner is unable to fulfill Grand Prize during time period, Grand Prize winner forfeits the Grand Prize in its entirety and an alternate winner may be selected. All travel dates will be determined by the Sponsor, and once made may not be altered except by Sponsor. Some restrictions may apply. Meals, incidentals, tips, telephone calls, or any other personal expenses incurred during the trip are the responsibility of the Grand Prize winner. All other expenses not specifically identified as included in the Grand Prize are the sole responsibility of the Grand Prize winner. Grand Prize winner and travel companion are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Grand Prize winner and travel companion must travel the same itinerary and on the dates and/or times specified by Sponsor or prize will be forfeited in its entirety. Once the travel companion is selected, he/she may not be substituted, except at the Sponsor’s sole discretion. Travel companion of winner must be at least twenty-one (21) years of age or older, unless accompanied by his/her parent or legal guardian, and must sign a Liability and Publicity Release. If potential winner’s travel companion fails to return such documents within date and/or time indicated within such documents, then the potential winner may forfeit the right to the travel companion.
7. GENERAL RULES
By entering this Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of Sponsor and Administrator, which shall be final and binding in all respects. In the event of a dispute, Entries will be declared made by the authorized account holder of the e-mail address submitted at the time of Entry and the natural person who is the authorized account holder of the email address used to submit the entry will be declared the potential winner. “Authorized account holder” of an e-mail address is defined as the natural person who is assigned to an email address by an Internet Access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. In the event that any provision(s) of these Official Rules shall be held by a court or other tribunal of competent jurisdiction to be illegal, invalid, or unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary so that these Official Rules shall otherwise remain in full force and effect.
8. LIMITATIONS OF LIABILITY
Entrants, by participating in the Sweepstakes, release and agree to hold the Sweepstakes Entities harmless from and against any and all liability, claims, or actions, of any kind whatsoever, for any injuries, losses, or damages, of any kind, to persons (including death or bodily injury) and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize. Each entrant agrees to indemnify the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes and hereby acknowledges that the Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize herein. Additionally, the Sweepstakes Entities are not responsible for late, lost, stolen, incomplete, misdirected, garbled, damaged, delayed or undelivered Entries; or for any virus contracted by an entrant’s computer through participation in the Sweepstakes, or for any incorrect or inaccurate information, whether caused by computer or Internet malfunction, interference, tampering, manipulation, weather, natural disaster, acts of war, or by any of the equipment or programming associated with or utilized in the Sweepstakes. The Sweepstakes Entities assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation, or for failed computer, satellite, telephone, wireless or cable transmissions, or technical failure or jumbled, scrambled, delayed or misdirected transmissions, technical error, theft, destruction or unauthorized access. Sweepstakes Entities are not responsible for any other errors or difficulties of any kind whether human, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the awarding of the prizes, the airing of the Code Word(s), the selection and notification/verification of potential winners, or in any Sweepstakes-related materials. The Sweepstakes Entities are not responsible for lost, interrupted, inaccessible or unavailable network, server, wireless service, Internet Service Provider (ISP), website, or other connections or any combination thereof. Sponsor reserves the right, at its sole discretion, to disqualify any individual it suspects of tampering with the Entry process or the operation of the Sweepstakes, to be acting in violation of the Official Rules, or to be acting in a unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any person or entity. Any use of robotic, automatic, macro, programmed or like entry methods or third-party software or website, or any other devices, which subvert or manipulate the entry process will void all Entries by such methods, and disqualify any entrant using such methods. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If, for any reason, the Sweepstakes is not capable of running as planned, by reason of, but not limited to, tampering, programming, unauthorized intervention, fraud, technical failures, virus, bug, worms, unauthorized human intervention, or any other causes which Sponsor, in its sole opinion, deems could corrupt, manipulate or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and post notice of the action at the Promotional Site, and/or where Sponsor sees fit. In such an event, Sponsor will select the potential winners in random drawing(s) from among all valid, non-suspect, eligible Entries received prior to termination, if any, or as otherwise may be deemed fair and equitable by Sponsor.
UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES. IN NO EVENT WILL MORE PRIZES THAN THOSE DETAILED IN THESE OFFICIAL RULES BE AWARDED. SPONSOR’S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT BE DEEMED A WAIVER OF SUCH.
9. DISPUTES, GOVERNING LAW AND VENUE
THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TENNESSEE, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN KNOXVILLE, TENNESSEE. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN TENNESSEE. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF KNOX. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
11. WINNER LIST
For a list of winners, available after the Sweepstakes Period has ended, send a stamped, self-addressed envelope, to be received by January 18, 2015, to HGTV Fixer Upper’s Ultimate Escape Sweepstakes — Winners List, P.O. Box 53445, Knoxville, TN 37950.
Scripps Networks, LLC, 9721 Sherrill Blvd, Knoxville TN 37932.