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.
The entry period for The Big Bang Theory ‘Shazinga!’ Sweepstakes (“Sweepstakes”), sponsored by Warner Bros. Domestic Television Distribution (“Sponsor”), begins Monday, March 4, 2019, at 6:00:01 a.m. Pacific Time (“PT”) and ends at 5:59:59 a.m. PT on Saturday, March 16, 2019 (the “Sweepstakes Period”). 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 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 legal resident of and physically residing in one 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, “The Big Bang Theory” (including all entities involved in the production and/or promotion of “The Big Bang Theory” and their advertising agencies), any broadcaster airing “The Big Bang Theory” in syndication, Chuck Lorre Productions, Warner Bros. Television, Warner Bros. Worldwide Television Marketing, WarnerMedia, Warner Bros. Entertainment Inc., 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.
Entrants for the Prize must be available to travel to Los Angeles, CA, on approximately March 26, 2019, through and including March 29, 2019. If a potential winner is not available for travel on the designated date(s) then he or she will forfeit the entire Prize and will not be eligible to receive any alternate compensation. Should the Prize be forfeited, Sponsor may, at Sponsor’s sole discretion, choose another winner.
HOW TO ENTER:
You may enter via SMS or online. Upon submission of an entry, Entrants 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.
If the Entrant meets the eligibility criteria set forth above, to enter online, Entrant must go to the website located at http://www.BigBangTheoryWeeknights.com during the Sweepstakes Period and follow the steps below:
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), a resident of and physically residing 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) 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.
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 #BigBangSweepstakes in their post. To the extent that Entrant’s Tweet will promote Sponsor 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 #BigBangSweepstakes in their Tweet post, Entrants are confirming their acceptance and agreement to these Official Rules.
A maximum of one-hundred and 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. Winners 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 6:00:01 a.m. PT on Monday, March 4, 2019, and 5:59:59 a.m. PT on Saturday, March 16, 2019. Each Word of the Day is valid until 5:59:59 a.m. PT on the broadcast 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: The Big Bang Theory ‘Shazam!’ Sweepstakes, c/o Warner Bros. Domestic Television Distribution, 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) original entry per weekday via the SMS Text Entry method, one (1) original entry per weekday 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 and twenty-one (121) entries per Entrant. Additional entries will be disqualified as will incomplete entries and entries not received during the Sweepstakes Period.
Sponsor will conduct a random drawing on or around March 20, 2019, from among all eligible entries received during the applicable Sweepstakes Period, to determine the Prize winners.
Entrants for the Prize must be available to travel to Los Angeles, CA, on approximately March 26, 2019, through and including March 29, 2019. If a potential winner is not available for travel on the designated date(s) then he or she will forfeit the entire Prize and will not be eligible to receive any alternate compensation. Should the Prize be forfeited, Sponsor may, at Sponsor’s sole discretion, choose another winner.
The National Grand Prize Winner of the Los Angeles Premiere, National Daily Prize Winners, and National Runner-Up Prize Winners are collectively referenced hereinafter as “Prizewinner(s)”. The National Grand Prize, National Daily Prize, and the National Runner-Up Prizes are collectively referenced hereinafter as “Prize.”
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 selected, at Sponsor’s sole discretion. Additionally, Sponsor reserves the right to conduct background checks on the potential winner and the potential Prizewinner’s companion, as a condition to receipt of the prize. Prizewinner and Prizewinner’s selected companion must first submit to such background check and cooperate with Sponsor in any way that Sponsor requests in order to be eligible to receive the prize. Sponsor reserves the right, in its sole discretion, to disqualify any Prizewinner and/or Prizewinner’s companion based on such background check if Sponsor determines, in its sole discretion, the background check reveals information that is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (which may be determined at Sponsor’s sole and absolute discretion).
All prizes legitimately claimed will be awarded.
Approximate Retail Value (“ARV”) of the Grand Prize: Three Thousand Five Hundred and Fifty Dollars ($3,550.00)
ARV of all ten (10) National Daily Prizes: Five Thousand Six Hundred and Ninety Dollars ($5,690.00)
ARV of all one thousand (1,000) National Runner-Up Prizes: Twenty-Four Thousand Dollars ($24,000.00)
TOTAL ARV OF ALL 1,011 PRIZES AVAILABLE TO BE AWARDED:
All Prizewinners will be required to review and execute further contracts and releases provided by Sponsor in order to receive the applicable prize.
The potential winner(s) 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 winner(s) 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 prize winner 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 of text messages.
Each potential winner 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(s). If any potential prize winner fails or refuses to sign and return such Affidavit 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 prize winner, such potential prize winner may be disqualified and an alternate winner may be selected. Non-compliance shall result in disqualification and award of the prize(s) to an alternate winner. Parents or legal guardians of any prize winner under the age of majority in their state/jurisdiction of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit in order for the prize winner to be qualified to receive his or her prize(s). If any potential prize winner 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 prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners 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 winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
Sponsor reserves the right to conduct a background check on any Prizewinner and/or Guest as a condition of awarding a Prize. Address of premiere screening theatre for the National Grand Prize winner will be provided by the Sponsor a reasonable time prior to the screening. The winner is advised to arrive at least one (1) hour prior to screening start time. No one will be admitted without a ticket or after the screening begins. If, for whatever reason, the premiere of Shazam! is cancelled or rescheduled after the tickets are ticketed, no compensation will be paid in lieu of any cancelled or rescheduled showing of Shazam!. No responsibility is assumed by Sponsor if premiere and/or local screening is cancelled, rescheduled, delayed or postponed, in whole or in part. Unused tickets cannot be refunded or exchanged.
In the event a prize winner (and/or his or her companion(s) (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, 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.
Sponsor will not 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.
All expenses not specifically mentioned herein are not included in any Prize and are solely the Prizewinner’s responsibility including, without limitation, meals, incidentals, room service, concession items, travel, souvenirs, and taxes.
If the Prizewinner elects to partake in any or all portions of the Prize without a guest, the Prize will be awarded to the Prizewinner and any remainder of the Prize will be forfeited and shall not be subject to further or alternative compensation. The Prizewinner 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. The National Grand Prize winner may be required to provide a credit card to cover Prize incidentals. Reservations are subject to availability. Travel dates are subject to Sponsor approval. The Prize consists only of the elements expressly set forth above, and no other elements or expenses (including, without limitation, hotel 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 all such expenses are the sole responsibility of the Prizewinner. Any additional products, upgrades, overages, services, costs, fees, taxes, and expenses over and above the Prize allotment are the sole responsibility of the Prizewinner. The Prizewinner and any travel companion may 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. Travel companion must be 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 will not be liable if the Prize, or any portion of the Prize, is cancelled or delayed. Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen tickets, vouchers, gift cards, or certificates. In the event of such loss, Sponsor shall have the right, in Sponsor’s sole discretion, to disqualify the Prizewinner or to award the 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. Insurance is the sole responsibility of the Prizewinner and any travel companion, and Prizewinner and any travel companion 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. Sponsor is not liable for any missed Prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay, ground transportation delay, or lack of required documentation for travel. Travel companion must execute liability / publicity releases prior to issuance of travel documents. Once a travel companion 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 or unclaimed portion of the Prize. The Prize is not transferable, assignable or redeemable for cash. All Prize details are at Sponsor’s sole discretion.
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 1099Misc 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 prize elements may apply.
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, 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 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 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). Entrants represent and warrant 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.
Subject to applicable law, Prizewinners irrevocably grant 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 the prize(s) to the winners.
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.
BY ENTERING, ALL PARTICIPANTS IN THE SWEEPSTAKES, PARTICIPANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SPONSOR 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 THE SPONSOR AND/OR THE SWEEPSTAKES ENTITIES.
By participating in the Sweepstakes, Entrant (or Entrant’s parent / guardian if Entrant is under the age of majority in their state/jurisdiction of residence agrees to release, discharge, indemnify and hold harmless the Sweepstakes Entities, 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) Entrants’ 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 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, Entrants agree 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. Entrants (or Entrant’s parent if entrant is under the age of majority in their state/jurisdiction of residence) agree 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 (or entrant’s parent if entrant is under the age of majority in their state/jurisdiction of residence) 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. If entrant is an eligible minor, his/her parent or legal guardian must agree to these Official Rules, including, without limitation, this Section.
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 the Sponsor’s control.
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 the 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.
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.
Entrants (or entrant’s parent if entrant is under the age of majority in their state/jurisdiction of residence), 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, 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 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.
BY ENTERING THE SWEEPSTAKES, ENTRANT (OR ENTRANT’S PARENT IF ENTRANT IS UNDER THE AGE OF MAJORITY IN THEIR STATE/JURISDICTION OF RESIDENCE) 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.
To receive the winners’ 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.
For a copy of the Official Rules, go to http://www.BigBangTheoryWeeknights.com
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., ‘The Big Bang Theory’ and their logos are trademarks of Warner Bros. Entertainment, Inc. and are used with permission. All Shazam! elements and characters are the copyright and trademark of DC Comics 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.
© 2019 Warner Bros. Domestic Television Distribution. All rights reserved.