“EXTRA Cher Sweepstakes”
OFFICIAL RULES – NATIONAL SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING ARE DEPENDENT ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. CERTIFICATE 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.
The “EXTRA Cher Sweepstakes” (“Sweepstakes”), sponsored by Warner Bros. Domestic Television Distribution (“Sponsor”), begins on Monday, July 31, 2017 at 1:00 p.m. Pacific Daylight Time (“PDT”) and ends at 12:59:59 p.m. PDT on Saturday, August 5, 2017 (the “Sweepstakes Period”); provided, however, during the Sweepstakes Period, there are five (5) separate entry periods that are open during the times outlined in the “How to Enter” Section below (each an “Entry Period”). Sponsor’s designated computer will serve as the official timekeeper for the Sweepstakes. Any attempted form of entry into the Sweepstakes other than as described herein is void.
The Sweepstakes is open only to individuals who meet the following criteria at the time and date of entry: (a) are twenty-one (21) years of age or older, and (b) are a legal resident of and physically residing in one (1) of the contiguous forty-eight (48) United States or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, United States territories, possessions, and protectorates, foreign based United States military installations and wherever prohibited by law) (“Entrant”).
SWEEPSTAKES WINNERS MUST BE ABLE TO TRAVEL TO LAS VEGAS, NV, ON SPONSOR SELECTED DATES BETWEEN NOVEMBER 7, 2017 – NOVEMBER 24, 2017, SUBJECT TO PERFORMER DATES AND/OR BLACKOUT DATES, AS DETERMINED BY SPONSOR, IN ITS SOLE DISCRETION (“Travel Period”). If any Sweepstakes winner is not able to travel to Las Vegas, NV, during the Travel Period, THAT WINNER WILL BE DISQUALIFIED TO WIN ANY PRIZE AND SPONSOR SHALL HAVE THE RIGHT, IN SPONSOR’S SOLE DISCRETION, TO SELECT ANOTHER ENTRANT AS A SWEEPSTAKES WINNER.
Employees, officers and directors of Sponsor, the show “EXTRA”, Time Warner, Warner Bros. Entertainment, Telepictures Productions Inc., MGM Resorts International (“Prize Provider”), Cher, Vibes, Mixed Media Entertainment, 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:
Online entry is the only method of entry for the Sweepstakes. 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.
In order to enter:
- Watch “EXTRA” (the “Show”) each day between Monday, July 31, 2017 and Friday, August 4, 2017 (participating markets only, check your local listing for time of broadcast). During the daily episode of the Show, an entry word will appear on screen (“Word of the Day”).
- After the Word of the Day appears onscreen during the Show, within twenty-four (24) hours of the Show’s original airing (which originally airs daily at 1:00 p.m. PDT), go to the Sweepstakes entry page at www.extratv.com/cher (“Entry Page”).
- Enter and submit the following information on the Entry Page:
- Entrant’s first name, last name, e-mail address, birth date and daytime telephone number (“Personal Information”); and
- The correct Word of the Day. If any entry includes an incorrect Word of the Day, that entry will be disqualified. If the Program did not feature a “Word of the Day”, you may enter by typing “None” in the appropriate field of the entry form. The applicable Word of the Day will be valid during the Entry Period, which starts at the first syndicated time in which the Show first airs live (typically at 1:00:00 p.m. PDT) until twenty-four (24) hours thereafter (typically ending at 12:59:59 pm PDT the following day).
- Entrants will also be required to check the box on the Entry Page acknowledging that Entrant has read and accepts these Official Rules.
- At the time of entry, Entrants will have the opportunity to opt-in to receive further communications from the Sponsor. Entrants are not required to opt-in and opting in will not increase your chances of winning. If an Entrant chooses to opt-in, the Entrant thereby grants the Sponsor permission to send him/her future communications regarding services, incentives, offers, promotions, or other messaging related to the Sponsor’s services and products.
Those Entrants who do not fill in all the required fields on the Entry Page or agree to the Official Rules will be disqualified.
The applicable Word of the Day will be valid during each Entry Period from 1:00:00 pm PDT on the day on which the applicable episode of the Show originally aired until 12:59:59 pm PDT the following day in which the applicable episode of the Show originally aired.
Sponsor will accept only one (1) qualifying entry for each Entry Period per Entrant (a maximum of five (5) entries may be entered in this Sweepstakes if you enter one (1) time for each Entry Period during the Sweepstakes Period). Each qualifying entry will be entered into the drawing for a chance to win the Grand Prize.
Submission of false or misleading Personal Information of an Entrant will be grounds for disqualification of entry. Entries generated by a script, macro or other automated means will be disqualified. Illegible, damaged, lost, late or incomplete entries, as determined by the Sponsor in its sole discretion, will be disqualified. Sponsor will not deem proof of submission of an entry as proof of receipt of an entry. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. 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: EXTRA Cher Sweepstakes, c/o Warner Bros. Worldwide Television Marketing, 4000 Warner Blvd., Burbank, CA 91522. All entries and related correspondence become property of Sponsor and will not be returned. Entrants are limited to one (1) entry per daily Entry Period. Additional entries will be disqualified as will incomplete entries and entries not received during the Sweepstakes Period. If the Show airs after the conclusion of any Entry Period or the Sweepstakes Period, individuals will no longer be permitted to gain entries into the Sweepstakes. If you view the Show after the end of the daily entry period, the Word of the Day is not eligible for subsequent entry periods.
At the time of entry, all Entrants will be offered the opportunity to receive further communications from Sponsor, and grant Sponsor permission to send him/her future communications regarding services, incentives, offers, promotions, or other messaging related to Sponsor’s services and products. Entrants are not required to do so and granting permission will not increase his or her chances of winning.
WINNER SELECTION PROCESS:
Following the conclusion of the Sweepstakes Period, Sponsor will select five (5) Grand Prize (as defined below) winners. Sponsor will conduct five (5) random drawings, with each random drawing consisting of all entries received with the correct Word of the Day for each applicable daily Entry Period in accordance with these Official Rules. Sponsor will select all five (5) Grand Prize winners at the end of the Sweepstakes Period, on or about August 7, 2017.
If a potential Sweepstakes winner is found ineligible or fails to comply with these Official Rules, that Entrant’s claim to a Prize is forfeited and an alternate qualifying and eligible Entrant may be selected, at Sponsor’s sole discretion.
All Prizes legitimately claimed will be awarded.
Five (5) GRAND PRIZES: Each Grand Prize winner will receive: a three (3) day, two (2) night trip for winner and up to one (1) guest (“Guest”) to Las Vegas, NV (for Nevada residents, air transportation may be substituted with another method of transportation to be selected by Sponsor in its sole discretion). Trip will include round trip coach class air transportation for each winner and up to one (1) Guest from a major commercial airport near winner’s home (as determined by Prize Provider in its sole discretion to Las Vegas, NV; two (2) nights standard hotel accommodation (one room, double occupancy, room and tax only) at Monte Carlo Las Vegas (or another nearby hotel as determined by Prize Provider in its sole discretion); non-exclusive ground transportation to and from airport and hotel in Las Vegas, NV; and two (2) tickets to see Cher live at Park Theater at Monte Carlo (subject to availability and blackout dates) (the “Performance”).
Items referred to herein are collectively defined as the “Grand Prize”. Departure flight must leave from a major airport nearest the Grand Prize winner’s city of residence (as determined by Sponsor in its sole discretion). Grand Prize winners must be able to travel during the Sponsor-determined Travel Period between November 7, 2017 – November 24, 2017, or such other dates as determined by Prize Provider, in its sole discretion (and subject to applicable Performance dates, which are subject to change). If a Grand Prize winner is not able to travel to Las Vegas, NV during the Travel Period, that winner will be declared ineligible to win any Prize and Sponsor shall have the right, in Sponsor’s sole discretion, to select another Entrant as a Grand Prize winner.
Approximate Retail Value (“ARV”) of each Grand Prize is $1,800.00. Total ARV of all Grand Prizes: $9,000.00.
Grand Prize may also be referred to hereunder as “Prize”. If a potential winner is not available for travel during the Travel Period then he or she will forfeit the Grand Prize. Travel arrangements will be made by Sponsor. Performance dates are subject to change at any time. Each Grand Prize winner and his/her Guest must travel together on the same itinerary, including the same departure date, destination, and return date. Failure to do so will result in forfeiture of the Grand Prize. Failure to secure the necessary travel documents will result in forfeiture of the Grand Prize and Sponsor may, in its sole discretion, select an alternate Grand Prize winner. Insurance is the sole responsibility of each Grand Prize winner and each Grand Prize winner’s Guest. Each Grand Prize winner’s Guest must be at least twenty-one (21) years old by the time winner and Guest’s departure date to Las Vegas, NV.
If winner elects to partake in any or all portions of his/her Prize with no Guest, the Prize will be awarded to winner and any remainder of the Prize will be forfeited and shall not be subject to further or alternative compensation. All elements of the Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Specific travel dates and arrangements are subject to air travel, holiday, blackout dates, and other Prize and travel restrictions. Reservations are subject to availability. Travel arrangements must be booked and made through Sponsor. Travel dates are subject to Sponsor approval.
Sponsor will not replace any lost or stolen tickets, vouchers, or certificates. In the event of such a loss, Sponsor shall have the right, in Sponsor’s sole discretion, to disqualify the Grand Prize winner or to award to that Grand Prize winner the remaining elements of the Grand Prize which shall constitute full satisfaction of Sponsor’s Prize obligation to the Grand Prize winner and no additional compensation will be awarded.
Once airfare reservations are made they cannot be amended unless required by Sponsor. Once issued, tickets are non-transferable and may not be reissued. Open tickets may not be issued and stopovers are not permitted. Travel may not be combined with any other offer and may not qualify for frequent flyer miles or hotel points. All travel will be at the risk of the winner. In the event of an act of God or an unforeseen, uncontrollable event, Sponsor reserves the right to reschedule all travel for a later date within or outside of the Travel Period or to cancel any remaining elements of the Grand Prize. All expenses not specifically mentioned herein are not included in any Prize and are solely the winner’s responsibility, including, without limitation, unspecified ground transportation, baggage check fees, phone calls, gratuities, incidentals, insurance, meals, room service and souvenirs and all such expenses are the sole responsibility of the winners. Sponsor is not responsible for lost, damaged, destroyed or misplaced luggage. The ARV of the travel portion of a Grand Prize may vary depending upon the points of departure, ground transportation, and/or and airline fare fluctuations. Any difference between stated ARV and final ARV of Prize will not be awarded. Each Grand Prize is subject to black-out dates and other travel restrictions.
All Sweepstakes winners will be required to review and execute further contracts and releases provided by Sponsor in order to receive the Prize.
For Nevada residents or residents who live within 200 miles of Las Vegas, air transportation may be substituted with another method of transportation to be selected by Sponsor, in its sole discretion.
ADDITIONAL PRIZE INFORMATION:
If, for whatever reason, the Performance associated with the Prize is cancelled after the Prize is awarded, Sponsor’s liability for the Prize is limited only to the non-event portions of the Prize. No compensation will be paid in lieu of the cancelled Performance. The tickets to the Performance are subject in all respect to the terms and conditions set forth on the tickets and any requirements of the facility hosting the event. Seat locations (if applicable) will be determined by Sponsor. The winners are strictly prohibited from selling, auctioning, trading or otherwise transferring the tickets unless Sponsor consents in writing. In the event a Prize winner (and/or his or her companion (if applicable)) engage in behavior that (as determined by Sponsor or any Prize Provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Prize or other applicable experience early. Decisions regarding the conduct of the winners and Guest in all aspects of their participation in the Prize event/activity will be in the sole discretion of Sponsor, and any of Sponsor’s representatives and final and binding in all respects. Winners and Guests may be removed or disqualified from participating in any aspect of the Prize for any reason at any time, including, without limitation, creating an unauthorized disturbance, interruption or unnecessarily rough physical contact, creating the potential for injury or property damages, or for any unhealthy, unsafe, unlawful, or inappropriate act. If a winner or Guest who, in the opinion of Sponsor or any of Sponsor’s representatives, is considered a physical or mental threat to the well-being of any other individual, he/she may be removed from any premises relating to the prize and winner consents to such removal.
If a Prize winner elects to partake in any or all portions of the Prize with no Guest, the Prize will be awarded to the Prize winner and any remainder of the Prize will be forfeited and shall not be subject to further or alternative compensation. Each Prize winner and Guest must travel on the same itinerary (including the same departure date, destination, and return date). Failure to do so will result in forfeiture of the Prize. Specific travel dates and arrangements are subject to air travel, holiday, blackout dates, and other prize and travel restrictions. Each Grand Prize winner may be required to provide a credit card at the time of hotel check-in. Reservations are subject to availability as well as travel provider’s terms and conditions generally applicable thereto. Travel dates are subject to Sponsor approval. ARV of the Prize may vary depending upon the points of departure, travel dates and/or airline fare fluctuations. Any difference between stated ARV and final actual value of the Prize will not be awarded. The Prize consists only of the elements expressly set forth above, and no other elements or expenses (including, without limitation, hotel taxes, insurance, meals, ground transportation, phone calls, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, gratuities, incidentals, souvenirs, merchandise, telephone calls, tips, gratuities, gasoline, etc.) are included in the Prize and all such expenses are the sole responsibility of the Prize winners. The Prize winners are responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select hotels in their sole and absolute discretion. The round trip air transportation element for the Trip Prize begins and ends at the point of departure. Open tickets may not be issued and stopovers are not permitted. Travel arrangements must be made through Sponsor or Sponsor’s designee. The Prize winners and any Guest will be required to provide appropriate government issued photo identification at time of travel, and are solely responsible for determining and obtaining all necessary travel documents and complying with all other travel requirements. No refund or compensation will be paid in the event of the cancellation or delay of the Prize or any Prize component. Sponsor will not be liable if the Prize, or any portion of the Prize, is cancelled or delayed. Sponsor may, in Sponsor’s sole discretion, attempt to reschedule for a future trip/event. Airline tickets are subject to certain terms and conditions as specified by issuer. The terms and conditions of the airline tickets may govern if a Prize component is cancelled due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen airline tickets, vouchers or certificates. In the event of such loss, Sponsor shall have the right, in Sponsor’s sole discretion, to disqualify the Prize winner or to award the Prize winner the remaining elements of the Prize which shall constitute full satisfaction of Sponsor’s prize obligation to the Prize winner and no additional compensation will be awarded. Insurance is the sole responsibility of the Prize winners and any Guest and hereby 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 the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Prize-related services or accommodations. Sponsor is not liable for any missed Prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. Guest must execute liability/publicity releases prior to issuance of travel documents. Once a Guest is selected, he/she 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 or assignable. All Prize details are at Sponsor’s sole discretion.
Prize winners are 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. Prize winners will be issued an IRS form 1099 based on the actual value of the Prize awarded.
The value of each Prize set forth above represents Sponsor’s good faith determination of the ARV thereof and cannot be challenged or appealed. The Prize consists of only those items specifically listed above as part of the Prize.
PRIZE WINNER NOTIFICATION PROCESS:
The Grand Prize winners will be notified by Sponsor via telephone and/or email within a commercially reasonable time after the winner selection date. If a Grand Prize winner does not accept the Prize within twenty-four (24) hours following the date and time the Grand Prize winner is notified by Sponsor, then that Sweepstakes winner will be disqualified and an alternate winner will be selected at Sponsor’s sole discretion. Non-compliance shall result in disqualification and award of the Prize to an alternate winner. If any potential Prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential Prize winner cannot attend or participate in any portion of the Prize, or declines a Prize for any reason prior to award, such potential Prize winner may be disqualified and an alternate potential Prize winner may be selected. 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 Prize winner. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s email account to receive email messages.
The Sponsor will require a tentative Sweepstakes winner to execute a Certificate of Eligibility, Liability Release and Publicity Release (collectively, “Certificate/Release”), where lawful. The Sponsor will require a tentative Grand Prize winner to also execute a Travel Release and Guest Travel Release.
If a Grand Prize winner fails to return any required documentation and signatures within twenty-four (24) hours following the date and time the Grand Prize winner is notified by Sponsor, then that Grand Prize winner will be disqualified and an alternate winner will be selected at Sponsor’s sole discretion.
Refusal or return of any notifications, Certificate/Release or Prize as undeliverable will result in disqualification and an alternate entry will be selected at Sponsor’s sole discretion.
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 the Entrant, but entry into this Sweepstakes constitutes Entrant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including, but not limited to, editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the 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 the Sponsor shall have the right to edit, adapt, and modify the Submission.
Any use of any of the Sweepstakes Entities trademarks or copyright interest is strictly prohibited and may subject Entrant to civil and/or criminal liability.
Except where prohibited by law, each Sweepstakes winner grants Sponsor and the Sweepstakes Entities, and those authorized by Sponsor and the Sweepstakes Entities, the perpetual and irrevocable right and license to use his/her name, voice, photograph, visual and audio likeness, statements, biographical information, address (including city and state of residence) and any other information contained in his/her entry for advertising, promotional and/or publicity purposes, on a worldwide basis, and in all forms of media now known or hereafter invented or discovered (including, without limitation, on the Sponsor’s web sites), in perpetuity, without further compensation, notice, review or approval except of the awarding of the Prize to the Prize winner.
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 utilized as part of the Sweepstakes or the Prize 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. References to individuals are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.
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 the SPONSOR AND ALL SWEEPSTAKES ENTITIES 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 THE SWEEPSTAKES ENTITIES.
DISCLAIMERS / LIMITATIONS ON LIABILITY:
By ENTERING, ALL ENTRANTS IN THE SWEEPSTAKES agree that THE SWEEPSTAKES ENTITIES assume no liability whatsoever for injuries or damages of any kind sustained in connection with THE use, acceptance, possession or awarding of ANY prize or while preparing for, participating in and/or traveling to or from any SWEEPSTAKES-related activity, including, without limitation, any injury, damage, death, loss OR accident to person or property due to an intentional act, an act of negligence or default and/or any act of God.
By entering the Sweepstakes, Entrants agree to waive any right to claim ambiguity with the Official Rules.
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, 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, the user 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 Prize winners from all 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; an act of terrorism, war, riot or civil commotion, fire, casualties, 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); or any other similar or dissimilar act beyond the Sponsor’s control.
GENERAL CONDITIONS OF ENTRY:
All Entrants, as a condition of entry, agree that they have not purchased any kind of Internet service whatsoever in order to participate in and/or enter the Sweepstakes. Entrants agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from utilizing the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE OR CELLULAR SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES OR CAMPAIGN VIOLATES CRIMINAL AND/OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR SWEEPSTAKES ADMINISTERING AGENCY MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY AND ALL ENTRANTS MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THAT OR ANY OTHER PROVISION.
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.
The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in 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; AND (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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
NAMES OF SWEEPSTAKES WINNERS:
To receive the names of the winners, send a stamped self-addressed envelope to: “Sweepstakes Winners List”, Warner Bros. Domestic Television Distribution, 4001 West Olive Ave., Burbank, CA 91505 (Attn: Public Relations) 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.
For a copy of the Official Rules, go to www.extratv.com/cher.
Warner Bros. Domestic Television Distribution, 4001 West Olive Avenue, Burbank, CA 91505.
© 2017 Warner Bros. Worldwide Television Marketing. All rights reserved.