MOM ‘L.A. Vacay’ 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. OR LOS ANGELES TOURISM & CONVENTION BOARD.
ENTRY PERIOD:
The
entry period for the MOM ‘L.A. Vacay’ Sweepstakes (“Sweepstakes”),
sponsored by Warner Bros. Domestic Television Distribution (“Sponsor”),
begins Monday, January 13, 2020, at 6:00:01 a.m. Pacific Time (“PT”) and
ends at 5:59:59 a.m. PT on Saturday, January 25, 2020 (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: (a) are eighteen
(18) years of age (or age of majority in their jurisdiction of residence) 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 resides in one (1) of the fifty (50) United States or the District
of Columbia (excluding Puerto Rico, Guam, American Samoa, United States
territories, possessions, and protectorates, foreign based United States
military installations and wherever restricted or prohibited by law) (“Entrant”). Sponsor, employees of Sponsor, “MOM”
(including all entities involved in the production and/or promotion of “MOM”
and their advertising agencies), any broadcaster airing “MOM” in syndication,
Chuck Lorre Productions, Warner Bros. Television, Warner Bros. Worldwide
Television Marketing, WarnerMedia, Warner Bros.
Entertainment Inc., Los Angeles Tourism & Convention Board (“L.A.
Tourism”), and all of their respective partners, parent companies,
divisions, subsidiaries, affiliates, trustees, advertising, promotion and
public relations agencies, and their respective officers, directors, employees,
agents, independent contractors, representatives and agencies (collectively,
the “Sweepstakes Entities”) are not eligible to participate in the
Sweepstakes and/or win a Prize (as defined below). Additionally,
immediate family members of such employees and persons living in the same
household as such employees (whether related or not) are not eligible to
win. For the purposes of this Sweepstakes, “immediate family members” is
defined as spouse, domestic partner, mother, father, grandmother, grandfather,
children, siblings and their spouses 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. Upon submission of an entry,
Entrant will be prompted with an opportunity via a pop-up notice to obtain
bonus entries to the Sweepstakes drawing via sweepstakes share. 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 must go to the website
located at http://www.MOMweekdays.com during the Sweepstakes Period and
follow the steps below:
A. Watch syndicated episodes of “MOM” (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 http://www.MOMweekdays.com and clicking the banner.
C. Entrant must then complete the form
by submitting the following:
•
Entrant’s first name, last name, e-mail address, and phone number(s) (the “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 6:00:01 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 http://www.MOMweekdays.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);
b. Entrant is a citizen or legal resident
of and physically resides in one (1) of the fifty (50) United States (excluding
Puerto Rico, Guam, American Samoa, 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) or the
District of Columbia;
2.
The required Personal Information, as described above;
and
3.
The correct “Word of the Day”.
E. For each valid entry into the
Sweepstakes made using the Online Entry method, Entrant will receive a maximum
of one (1) entry into the Sweepstakes per weekday, up to a maximum of ten (10)
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, L.A. Tourism, 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.
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 an entry Word
will appear on screen (the “Word of the Day”).
B. Entrant will be required to text the
applicable “Word of the Day” that appeared on the Show to 888111. The applicable Word of the Day will be valid
during the Sweepstakes Period on 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”, Entrant may submit
“None” to 888111 for that Broadcast Day’s
entry. Entrant will be required to follow any on-screen instructions requested
to complete the entry and will be required to provide the required Personal
Information. Standard message rates and
other carrier fees may apply.
C. 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 site
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.
D. For each valid entry into the
Sweepstakes made using the SMS Text Entry method, Entrant will receive a
maximum of one (1) entry into the Sweepstakes per weekday, up to a maximum of
ten (10) total entries during the Sweepstakes Period.
By entering via text message,
Entrant certifies that Entrant is eighteen (18) years of age or older (or age
of majority in their jurisdiction of residence), is a citizen or legal resident
of and physically resides in one (1) of the fifty (50) United States (excluding
Puerto Rico, Guam, American Samoa, 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) or the
District of Columbia, 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 standard 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 cell
phone number, carrier’s name, and date, time and content of message. Such information may be used by Sponsor to
contact Entrant.
3. Sweepstakes Share Bonus Entry: After an Entrant to the Sweepstakes submits his/her entry form through the method(s) described above, Entrant will be prompted with an opportunity to obtain additional entries to the Sweepstakes drawing by completing 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. Entrant may post such referral Tweet a maximum of one (1) time per day during the Sweepstakes Period regardless of the number of Twitter accounts Entrant may have. Regardless of the number of “Share on Twitter” Tweets posted to his/her timeline using this feature, Entrant shall receive a maximum of one (1) bonus entry into the Sweepstakes during the Sweepstakes Period.
b. Refer a Friend: Using the Sweepstakes online 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.
a. Email: Using the e-mail invitation tool to invite his/her friends to enter the Sweepstakes, Entrant will be provided with a customized email that includes a unique referral link. Entrant may only send an e-mail invitation to persons with whom they have an existing relationship and with whom a message from him/her would not be considered spam. Entrant will receive one (1) bonus 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 e-mail 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 e-mail.
b. Twitter: Using the Twitter referral tool to invite his/her friends 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 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 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.
For each valid entry into the Sweepstakes made using Entrant’s referral link, which was obtained through the e-mail 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 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. In order 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 #MOMSweepstakes
in their post. To the extent that Entrant’s
Tweet will promote Sponsor or L.A. Tourism, Entrant is responsible for
disclosing in their Tweet entry that they received a Sweepstakes entry in
exchange for providing a promotional message or may receive a Sweepstakes entry
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, or otherwise
violate these Official Rules, as determined by Sponsor in their sole and
absolute discretion.
Multiple participants are not permitted to share the same mobile phone, email account, or Twitter account. Entrant may not send more than one (1) e-mail invitation to the same person during the Sweepstakes Period, and any additional invitations to such person shall be considered ineligible for a bonus entry. Message and data rates may apply. All rules, guidelines, and terms and conditions of Twitter, Inc. apply. By including the hashtag #MOMSweepstakes in their Tweet post, Entrants are confirming their acceptance and agreement to these Official Rules.
A maximum of one-hundred twenty-one
(121) total entries per Entrant during the Sweepstakes Period as detailed in
these Official Rules will be accepted.
Any attempt(s) made by the same individual to submit more than the
permitted entries by using multiple emails/mobile numbers, false contact
information, accounts 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 online entrant, entry will be deemed submitted by the registered account
holder of the email address associated with the entry or social media account
for the domain associated with the submitted address 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
person assigned to an email address by an Internet access provider, on-line
service provider or other organization responsible for assigning email
addresses. 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 must be received by
Sponsor between 5:00:01 a.m. PT on Monday, January 13,
2020, and
5:59:59 a.m. PT on Saturday, January 25, 2020.
Each Word of the Day is valid until 5:59:59 a.m. PT on the day on which
the applicable episode of the Show aired, 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 to: MOM L.A. VACAY
Sweepstakes, c/o Warner Bros. Domestic Television Distribution, 4411 W. Olive
Avenue, Burbank, CA 91505. All entries and related correspondence become
property of Sponsor and will not be returned. Entrants are 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 during the Sweepstakes Period for the ‘Share on Twitter’ entry method,
and a total of one-hundred (100) bonus entries during the Sweepstakes Period
via the Sweepstakes Share Bonus Entry method, for a maximum total of
one-hundred twenty-one (121) entries per Entrant. Additional entries will be
disqualified as will incomplete entries and entries not received during the
Sweepstakes Period.
PRIZEWINNER
SELECTION PROCESS:
There will be five (5) Grand Prize
winners selected in this Sweepstakes.
Each Grand Prize winner is individually referred to herein as a “Prizewinner” and collectively as “Prizewinners”. Each Grand Prize is referenced hereinafter as
“Prize” and collectively as “Prizes.”
The potential Prizewinners will be
selected through a random drawing on or about February 5, 2020 from among all
eligible entries received in accordance with these Official Rules. Sponsor will have complete discretion over
interpretation of the Official Rules, of administration of the Sweepstakes, and
of selection of the winners. Decisions
of the Sponsor as to the selection of the winners will be final.
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 and L.A. Tourism reserve
the right to conduct a background check on any Prizewinner and/or guest as a
condition of awarding a Prize.
All Prizes legitimately claimed will
be awarded.
GRAND PRIZE WINNERS:
•
Five (5) grand prize (the “Grand
Prize”)
winners will receive:
o
Roundtrip economy class airfare for the Prizewinner
and one (1) guest to Los Angeles, CA (in the event that the Prizewinner is two
hundred (200) miles or less from Los Angeles, CA, Sponsor reserves the right,
in its sole discretion, to provide ground transportation in lieu of air travel
and/or provide One Thousand Dollars ($1,000) which may be awarded as cash, cash
equivalent, or gift card to such Prizewinner and the difference in value will
not be awarded to the Prizewinner).
o
Standard hotel accommodations in Los Angeles, CA for
two (2) nights for the Prizewinner and one (1) guest (one (1) standard room
based on double occupancy).
o
Two (2) tickets to “Warner
Bros. Studio Tour” and tickets to a taping of MOM, each of which shall include
additional terms and conditions of participation.
o
Tickets are non-transferable and may not be sold,
bartered or traded. All other charges,
fees, and/or amounts are not included in the Grand Prize.
o
One (1) payment of Five Hundred Dollars ($500.00),
which may be awarded as cash, or cash equivalent, or in the form of a gift card
to such Prizewinner to be used for ground transportation and meals.
Approximate Retail
Value (“ARV”) of each Grand Prize: Three Thousand Dollars
($3,000.00)
TOTAL ARV OF ALL
PRIZES: Fifteen Thousand Dollars
($15,000.00)
Redemption of each Prize (i.e.,
travel, tour, taping) shall occur following completion of the Prizewinner
Notification Process set forth herein (including, but not limited to,
submission of the Affidavit and completion of a background check for
Prizewinner and Prizewinner’s guest, if applicable), but not later than August
31, 2020. Prizewinner and Sponsor shall
coordinate as to the dates of travel.
Prizewinner acknowledges that Prizewinner may select dates of travel
that do not coincide with a taping of MOM, and agrees that, in such event,
Sponsor shall not be obligated to provide Prizewinner with a substitute taping,
event, activity, value, or otherwise. Any portion of the Prize not redeemed
shall be forfeited.
PRIZEWINNER NOTIFICATION PROCESS:
The potential Prizewinner will be
notified using the 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 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 account to receive email messages, or any
limitations associated with receipt or delivery of text 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 his
or her Prize. In addition, for any prize
with a value of $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”). 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 and award of the Prize to an alternate Prizewinner. If any potential Prizewinner is found to be
ineligible, or if he or she has 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:
In
the event a Prizewinner (and/or his or her guest (if applicable)) engage in
behavior that (as determined by Sponsor or any Prize provider (including L.A.
Tourism) in its or their sole and absolute discretion) is obnoxious, inappropriate,
threatening, illegal or that is intended to annoy, abuse, threaten, or harass
any other person or organization, Sponsor and L.A. Tourism reserve the right to
terminate the Prize or other applicable experience early.
Neither
Sponsor nor L.A. Tourism will replace any lost or stolen tickets, vouchers,
certificates, 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.
The
Prize consists only of the elements and expenses expressly set forth above, and
no other elements or expenses (including, without limitation, taxes, insurance,
meals, room service, bag check fees, parking fees, laundry service, food,
beverages, ground transportation, phone calls, incidentals, souvenirs, merchandise,
tips, gratuities, gasoline, etc.) are included in the Prize, and any such
expenses incurred shall be the sole responsibility of Prizewinner. Any
additional products, upgrades, overages, services, costs, fees, taxes, and
expenses over and above the Prize allotment are the sole responsibility of
Prizewinner.
Sponsor
and L.A. Tourism are not responsible for changes to any booked itinerary,
change fees, re-booking fees, taxes, port fees or taxes, gratuity, or any other
fees or expenses related to such travel.
If Prizewinner elects to partake in any or all portions of the Prize
without a guest, the Prize will be awarded to Prizewinner and any remainder of
the Prize associated with the guest will be forfeited and shall not be subject
to further or alternative compensation.
Prizewinner and guest must travel on the same itinerary (including the
same departure date and return date).
Failure to do so will result in forfeiture of the Prize. Specific travel dates and arrangements are
subject to holiday, blackout dates, and other Prize and travel
restrictions. Prizewinner may be
required to provide a credit card to cover Prize incidentals. Prizewinner and any guest may be required to provide
appropriate government-issued photo identification documents (such as a valid
driver’s license) at time of travel and are solely responsible for determining
and obtaining all necessary travel documents and complying with all other
travel requirements. Prizewinner’s guest
must be eighteen (18) years of age or older as of the date of departure. No
refund or compensation will be paid in the event of the cancellation or delay
of the Prize or any Prize component.
Sponsor and L.A. Tourism will not be liable if the Prize, or any portion
of the Prize, is cancelled or delayed. Insurance is the sole responsibility of
Prizewinner and any guest, and Prizewinner and any guest acknowledge that
Sponsor has not and will not obtain or provide travel insurance or any other
form of insurance. Sponsor shall not be
responsible for any cancellations, delays, diversions or substitution, or any
act or omissions whatsoever by Prize provider.
Neither Sponsor nor L.A. Tourism is liable for any missed Prize events,
opportunities, or expenses incurred as a consequence of
flight cancellation/delay/interruption, ground transportation delay or
interruption, or lack of required documentation for travel. Prizewinner’s guest must execute liability /
publicity releases prior to issuance of travel documents. Once Prizewinner’s guest is selected and
communicated to Sponsor, they may not be substituted, except in Sponsor’s sole
and absolute discretion.
There
is no substitution for any Prize or any portion thereof and no refunds will be
given for any unused portion of the Prize. The Prize is not transferable, assignable,
or redeemable for cash. All Prize details are at the sole discretion of Sponsor
and L.A. Tourism.
Prizewinner
is solely responsible for the reporting and payment of any and all federal,
state, and local taxes as well as any other costs and expenses associated with
acceptance and use of a Prize not specified herein as being awarded. Prizewinner may be issued an IRS Form
1099-Misc based on the ARV of the Prize awarded. Sponsor reserves the right to
substitute a cash payment of equal value for any aspect of the Prize. Terms and
conditions of gift cards apply.
BY
ACCEPTING PRIZE, PRIZEWINNER ACCEPTS (AND AGREES TO CONFIRM IN WRITING) THE
INHERENTLY DANGEROUS NATURE AND RISK IN TRAVEL, INCLUDING PERSONAL INJURY
AND/OR DEATH, ACKNOWLEDGES THAT RECEIPT AND USE OF PRIZE IS VOLUNTARY,
ACKNOWLEDGES THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT OR
AFFECT THE SAFETY OF THE ACTIVITIES PARTICIPATING AND ASSUMES THE RISK OF SUCH
FACTORS AND OCCURRENCES AND AGREES THAT TO THE EXTENT PERMISSIBLE BY LAW,
RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY
AND/OR DEATH.
PRIVACY STATEMENT:
Entrant’s
Personal Information will be utilized by the Sponsor for fulfillment of
Sweepstakes Prize and to comply with legal requirements. To review Sponsor’s
Privacy Policy, go to http://www.warnerbros.com/privacy-center-wb-privacy-policy. To review Sponsor’s Terms of Use,
go to http://www.warnerbros.com/term-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 the 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, Prizewinner 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
and/or biographical material for advertising, promotional and/or publicity
purposes in connection with the Sweepstakes, in all forms of media and by all
manners (now and hereafter known), and on and in connection with related
products, services, advertising and promotional materials (now known or
hereafter developed), worldwide, in perpetuity, without any compensation,
obligation, notice, or consideration except for the awarding of Prizes 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, 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 SPONSOR, prize providers, AND ALL
sweepstakes ENTITIES AND TWITTER 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 SPONSOR
AND/OR THE sweepstakes ENTITIES.
DISCLAIMERS:
By
participating in the Sweepstakes, Entrant agrees to release, discharge,
indemnify, and hold harmless Sponsor, the Sweepstakes Entities, L.A. Tourism,
and Twitter, Inc. and each of their respective directors, officers, employees,
agents, successors and assigns (“Released Parties”) from and against
any and all claims, liability, costs (including attorneys’ fees), losses,
damages, fines or injuries (up to and including bodily injury and death) of any
kind arising out of or related to: (i) 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. Each Entrant further agrees to
indemnify and hold harmless the Released Parties from and against any and all
liability resulting or arising from the Sweepstakes and to release all rights
to bring any claim, action or proceeding against Released Parties and hereby
acknowledge that the Released Parties have neither made nor are in any manner
responsible or liable for any warranty, representation or guarantee, express or
implied, in fact or in law, relative to a Prize, including express warranties
provided exclusively by a Supplier that may be sent along with a Prize. The Released Parties are not responsible for
any changes or unavailability of the 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 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 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 Sweepstakes Entities, any
user or Entrant, 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. 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 of health or other means, earthquake, explosion, labor
dispute or strike, riot or civil disturbance, public health crisis (e.g. 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 or request of or by any federal, state or local authority or
quasi-governmental entity (whether or not the act, regulation, order or request
proves to be invalid); order or 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 WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to
all claims not known or suspected to exist with the intent of waiving the
effect of laws requiring the intent to release future unknown claims.
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 Released Parties (each, a “Party” and collectively the “Parties”)
each agree to fully and finally settle all disputes only through binding
arbitration; provided, however, Sponsor and L.A. Tourism 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. 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. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO
YOU.
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, 4411 W. Olive Ave., Building
161, Burbank, CA 91505 (Attn: Affiliate 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.MOMweekdays.com
SPONSOR:
This Sweepstakes is sponsored by
Warner Bros. Domestic Television Distribution, 4001 West Olive Ave., Burbank,
CA 91505. 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., ‘MOM’ 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., or
any other third-party not specifically designated by Sponsor. Information is
being provided solely to Sponsor in accordance with these Official Rules.
© 2020 Warner Bros. Domestic Television Distribution. All rights reserved.