THE BIG BANG THEORY See it from the Beginning “$10,000” Sweepstakes
NO PURCHASE, PAYMENT OR SUBMISSION TO SALES PRESENTATIONS NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW.
A total of 11 prizes will be awarded. ARV of all Prizes is $15,000. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. Restrictions apply. The Sweepstakes will begin at 6:00:00 a.m. (PT) on September 4, 2023 and end at 5:59:59 a.m. (PT) on September 16, 2023 (“Sweepstakes Period”). Sponsored by Warner Bros. Domestic Television Distribution, 4000 Warner Blvd., Burbank, CA 91522 and Valpak Direct Marketing Systems, LLC., 1 Valpak Avenue N. St. Petersburg, FL 33716.
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 META PLATFORMS, INC.
The entry period for THE BIG BANG THEORY See it from the Beginning “$10,000” Sweepstakes (“Sweepstakes”), sponsored by Warner Bros. Domestic Television Distribution and Valpak Direct Marketing Systems, LLC (collectively “Sponsors”), begins Monday, September 4, 2023 at 6:00:00 a.m. Pacific Time (“PT”) and ends at 5:59:59 a.m. PT on Saturday, September 16, 2023 (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 and through award of the prizes: (a) are eighteen (18) years of age (or age of majority in their jurisdiction of residence, if over 18) or older, who (only applicable if using text method of entry) have a registered wireless account with Short Message Services (“SMS”) capability and/or wireless internet service, and (b) are a citizen or legal resident of and physically residing in one (1) of the fifty (50) United States or the District of Columbia. This Sweepstakes is void in Puerto Rico, Guam, American Samoa, all other United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law. (Any person who attempts to participate in this Sweepstakes, regardless of whether they satisfy the above eligibility requirements and/or ultimately enter the Sweepstakes successfully, is referred to in these Official Rules as an “Entrant”).
Sponsors, “THE BIG BANG THEORY” (including all entities involved in the production and/or promotion of “THE BIG BANG THEORY” and their advertising agencies), any broadcaster airing “THE BIG BANG THEORY” in syndication, Chuck Lorre Productions, Warner Bros. Television, Warner Bros. Entertainment Inc., any other party participating in the design, operation, promotion, or fulfillment of this Sweepstakes, and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the “Sweepstakes Entities”) are not eligible to participate in the Sweepstakes and/or win a Prize (as defined below). Additionally, immediate family members of any such ineligible person and persons living in the same household as any such ineligible person (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses, and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
By entering this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsors, which are final and binding in all respects and cannot be challenged or appealed.
HOW TO ENTER:
You may enter via SMS or online. (Entrants initiating the entry process via SMS must then complete an online entry form to finish submitting their entry.) Upon submission of an entry, Entrant will be prompted with an opportunity via a pop-up notice to obtain bonus entries to the Sweepstakes. Please refer to “Sweepstakes Share Bonus Entry” as described below for information and restrictions.
Entries received before and/or after the Sweepstakes Period will be void. All entries become the sole property of Sponsors and will not be acknowledged or returned.
Warner Bros. Domestic Television Distribution’s computer will serve as the official timepiece for the Sweepstakes.
1. Online Entry:
If the Entrant meets the eligibility criteria set forth above, to enter online, Entrant may enter the Sweepstakes by going to the website located at https://bigbangtheoryweeknights.com/ during the Sweepstakes Period and following the steps below:
2. SMS Text Entry:
If Entrant meets the eligibility criteria set forth above, Entrant may enter the Sweepstakes by completing the following steps:
By entering via text message, Entrant certifies that Entrant satisfies the eligibility requirements (see above) and is the wireless account holder or has the account holder’s permission. Up to four (4) text messages are typically delivered per text entry. In addition to any entry or submission, Entrant’s carrier’s message and data rates may apply. Sponsors 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 Sponsors in connection with text message entries may include Entrant’s Personal Information, wireless carrier’s name, and the date, time and content of the message. Such information may be used by Sponsors to contact Entrant.
3. Sweepstakes Share Bonus Entry:
Entrant may earn bonus (additional) entries into the Sweepstakes. After Entrant submits their entry form through one of the method(s) described above, Entrant will be prompted with an opportunity to obtain additional entries into the Sweepstakes by completing one or more of the following:
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 Sponsors and their agents, and Entrant must include the hashtag #Sweepstakes in their post. To the extent Entrant’s Tweet promotes Sponsors, Entrant is responsible for disclosing in their referral Tweet that they received an entry into this Sweepstakes in exchange for providing a promotional message or may receive an entry into this Sweepstakes in exchange for use of their referral link to enter the Sweepstakes. If Entrant does not have a Twitter account, and would like to create one for free, visit Twitter.com or download the app in the Apple App Store or the Google Play Store and follow the instructions to set up an account. All posts to Twitter must comply with the applicable Terms of Service and may not contain obscene, lewd, derogatory, infringing, illegal, or inappropriate content, communicate messages inconsistent with the positive images with which Sponsors wishes to associate themselves, or otherwise violate these Official Rules, as determined by Sponsors in their sole and absolute discretion.
For each valid entry into the Sweepstakes made using Entrant’s referral link, which was obtained through the email invitation message or the Tweet post described herein, Entrant will receive one (1) additional entry into the Sweepstakes, up to a maximum of one-hundred (100) additional “Refer a Friend” entries total during the Sweepstakes Period regardless of the method used or the number of referrals received. In the event an individual receives and attempts to enter via two separate referral links, only the entry via first referral link will be considered a valid entry.
Multiple entrants, including individuals entering through the “Refer a Friend” methods are not permitted to share the same mobile phone, email account, Twitter account, Facebook account, or Instagram account. Entrant may not send more than one (1) email invitation to the same person during the Sweepstakes Period. Message and data rates may apply. All rules, guidelines, and terms and conditions of Twitter, Inc., Meta Platforms, Inc., Facebook, Inc. and Instagram, Inc. apply. By including the hashtag #Sweepstakes in their Tweet post, Entrant is confirming their acceptance and agreement to these Official Rules.
Each Entrant is limited to one (1) original entry per Broadcast Day via the SMS Text Entry method, one (1) original entry per Broadcast Day via the Online Entry method, one (1) bonus entry into the Sweepstakes during the Sweepstakes Period for the ‘Share on Twitter’ entry method, one (1) bonus entry into the Sweepstakes during the Sweepstakes Period for the ‘Visit THE BIG BANG THEORY on Facebook’ entry method, one (1) bonus entry into the Sweepstakes during the Sweepstakes Period for the ‘Visit THE BIG BANG THEORY on Instagram’ entry method, one (1) bonus entry into the Sweepstakes during the Sweepstakes Period for the ‘Take THE BIG BANG THEORY Poll’ entry method, one (1) bonus entry into the Sweepstakes during the Sweepstakes Period for the ‘Visit Valpak Website’ entry method, one (1) bonus entry into the Sweepstakes during the Sweepstakes Period for the ‘Visit Valpak on Instagram’ entry method, one (1) bonus entry into the Sweepstakes during the Sweepstakes Period for the ‘Visit Valpak on Facebook’ entry method and a total of one-hundred (100) bonus entries into the Sweepstakes during the Sweepstakes Period via the Sweepstakes Share Bonus Entry method, for a maximum total of one hundred twenty-five (127) entries into the Sweepstakes. Additional entries will be disqualified, as will incomplete entries, entries not submitted in accordance with these Official Rules, and entries not received during the Sweepstakes Period. Any attempt(s) made by the same individual to submit more than the permitted number of entries by using multiple emails, mobile numbers, social media accounts, false contact information, or otherwise may result in the Entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsors’ 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 Sponsors and will not be returned. In the event of a dispute over the identity of an Entrant, entry will be deemed submitted by the registered account holder of the email address or social media account associated with the entry, provided that person is eligible. Prizewinners may be required to show proof of being the registered account holder. “Registered account holder” is defined as the natural person assigned to an email address by an Internet access provider, on-line service provider, or other organization responsible for assigning email addresses for the applicable domain or to a social media user name by the applicable social platform. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsors’ 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 Sponsors 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 (including all bonus entries) must be received by Sponsors between 6:00:00 a.m. PT on Monday, September 4, 2023, and 5:59:59 a.m. PT on Saturday, September 16, 2023. Each Word of the Day is valid until 5:59:59 a.m. PT on the Broadcast Day on which the Word of the Day appears in a broadcast of a syndication episode of the Show, after which time the Word of the Day is reset.
It is the sole responsibility of Entrant to notify Sponsors in writing of any changes to Personal Information, including email addresses, by mailing such notice (for receipt during the Sweepstakes Period) to: THE BIG BANG THEORY See it from the Beginning “$10,000” Sweepstakes, c/o Warner Bros. Domestic Television Distribution, 4000 Warner Blvd., Second Century Building 3rd Floor, Burbank, CA 91522. All entries and related correspondence become property of Sponsors and will not be returned.
PRIZEWINNER SELECTION PROCESS:
There will be one (1) National Grand Prizewinner and ten (10) National Daily Prizewinners selected in this Sweepstakes. The National Grand Prizewinner, and each National Daily Prizewinner is individually referred to herein as a “Prizewinner” and collectively as “Prizewinners”. Each Grand Prize and Daily Prize is referenced hereinafter as “Prize” and collectively as “Prizes.”
All potential Prizewinners will be selected through a random drawing on or about September 21, 2023, from all eligible entries received for that specific drawing in accordance with these Official Rules. The National Grand Prizewinner will be selected through a random National Grand Prize drawing from among all eligible entries received during the Sweepstakes Period. The National Daily Prizewinners will be selected through a random drawing from among all eligible entries received for the applicable Broadcast Day during the Sweepstakes Period. Sponsors will have complete discretion over interpretation of the Official Rules, administration of the Sweepstakes, and selection of the Prizewinners. Decisions of the Sponsors as to the selection of the Prizewinners will be final. If declared a Prizewinner, Entrant shall be awarded a maximum of one (1) Prize regardless of the number of eligible entries submitted by Entrant.
If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, that individual’s claim to a Prize is forfeited and an alternate qualifying and eligible Entrant may be selected in a random drawing of all remaining eligible entries and contacted at Sponsors’ sole discretion. Sponsors reserve the right to conduct a background check on any Prizewinner as a condition of awarding a Prize.
All Prizes legitimately claimed will be awarded.
ODDS: Odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
NATIONAL GRAND PRIZEWINNER:
· One (1) National Grand Prizewinner will receive the following:
o A Ten Thousand Dollar ($10,000) gift card or cash equivalent (as determined by Sponsors in Sponsors’ sole discretion – gift cards shall be subject to issuer’s terms and conditions)
Approximate Retail Value (“ARV”) of the National Grand Prize: Ten Thousand Dollars (US $10,000.00).
NATIONAL DAILY PRIZEWINNERS:
· Ten (10) National Daily Prizewinners (each a “Daily Prize Winner”) will each receive:
o A Five Hundred Dollar ($500) gift card or cash or cash equivalent (as determined by Sponsors in Sponsors’ sole discretion - gift cards shall be subject to issuer’s terms and conditions)
ARV of each National Daily Prize: Five Hundred Dollars (US $500.00). Total ARV of all National Daily Prizes: Five Thousand Dollars (US $5,000.00).
TOTAL ARV OF ALL PRIZES: Fifteen Thousand Dollars (US $15,000).
Limit one (1) Prize per person and per household in the entirety of this Sweepstakes.
All Prizewinners will be required to review and execute further contracts and releases provided by Sponsors to receive the applicable Prize. (See the “Prizewinner Notification” section below for details.) All terms and conditions of the Sponsors’ Affidavit (defined below) or other prize-acceptance documentation, as well as any other rules, regulations and guidelines of Sponsors shall be applicable to the Prize.
Each potential Prizewinner will be notified using the Personal Information provided during entry by any of email, telephone, mail, text message, a post on the potentially winning entry, or through a direct message on a social media platform (if applicable) (method to be selected by Sponsors in their sole discretion) in a commercially reasonable time after the drawing. The potential Prizewinner must respond within twenty-four (24) hours of notification, and in accordance with the instructions in the notification, or the Prize may, in Sponsors’ sole discretion, be forfeited. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email, text, direct message on a social media platform, and/or placing of a phone call, one (1) day after sending via a delivery service, or two (2) days after mailing. A potential Prizewinner who provides a P.O. Box may be required to provide an alternative physical address and this may cause a delay in notification and acceptance, so use of a P.O. Box is discouraged. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, insufficient space in Entrant’s email or voicemail inbox to receive messages, or any limitations associated with receipt or delivery of text messages or direct messages.
Each potential Prizewinner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive their Prize. In addition, for any prize with a value of $600 or more, or in the event the potential Prizewinner has been awarded prizes in other promotions operated by either of the Sponsors for which this prize will cause the total value of all prizes received in a calendar year from any one of the Sponsors to be $600 or more, the potential Prizewinner shall be required to return a completed IRS Form W-9 to the Sponsors prior to Sponsors’ delivery of the prize (the “W9”). All Prize claims, including any required Affidavit and W9, are subject to verification by Sponsors. If any potential Prizewinner fails or refuses to sign and return such Affidavit and W9 within the time period required by Sponsors or if the Prize or Prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential Prizewinner, such potential Prizewinner may be disqualified and an alternate Prizewinner may be selected. Non-compliance shall result in disqualification. If any potential Prizewinner is found to be ineligible, or if they have not complied with these Official Rules and all other additional or supplemental rules or instructions, or 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 Prizewinners, or remaining Prizewinners, 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:
Sponsors reserve the right to conduct a background check on the potential Prizewinner and each potential Prizewinner agrees to execute any additional documentation necessary for and to cooperate fully in any such background check conducted by or on behalf of Sponsors.
Sponsors will not replace any lost or stolen cash, cash equivalent, gift cards, or other forms of prize distributed. In the event of such a loss, Sponsors shall have the right, in Sponsors’ sole discretion, to disqualify the Prizewinner or to award to that Prizewinner the remaining elements of the Prize which shall constitute full satisfaction of Sponsors’ prize obligation to the Prizewinner and no additional compensation will be awarded.
Any Prize details not specified in these Official Rules will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute any Prize or any portion thereof with another Prize or Prize component of equal or greater value for any reason, including unavailability of the stated Prize. Entrants waive the right to assert, as a cost of winning any Prize, any and all costs of verification and any liability and publicity which might arise from claiming or seeking to claim said Prize.
If Prizewinner does not accept the entire Prize, the unaccepted Prize (or part of the Prize) will be forfeited and Sponsors will have no further obligation with respect to that Prize or any portion of that Prize. Sponsors will have no liability for a potential Prizewinner’s failure or inability to accept a Prize for any reason. Any failure to use a Prize after acceptance does not relieve the Prizewinner of their tax obligations associated with winning the Prize. No transfers, prize substitutions or cash redemptions will be made, except at Sponsors’ sole discretion. Prizewinner is strictly prohibited from selling, auctioning, trading or otherwise transferring the opportunity to receive the Prize, except with Sponsors’ permission, which may be granted or withheld for any reason in their sole discretion. Prizes will only be shipped or otherwise provided to the verified Prizewinner’s address in the fifty (50) United States or D.C. (unless Sponsors agree otherwise in their sole discretion).
Sponsors will not replace any lost or stolen, vouchers, certificates, gift cards, or other forms of prize distributed. In the event of such a loss, Sponsors shall have the right, in Sponsors’ sole discretion, to disqualify the Prizewinner or to award to that Prizewinner the remaining elements of the Prize which shall constitute full satisfaction of Sponsors’ prize obligation to the Prizewinner and no additional compensation will be awarded.
OWNERSHIP AND LICENSE:
All Sweepstakes related materials, including submission entries (“Submission”) become the property of Sponsors 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 Sponsors and/or others authorized by Sponsors, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission. Sponsors and/or others authorized by Sponsors 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 and 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 Sponsors, in their 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, each Entrant irrevocably grants the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness, social-media username, biographical material, any content included in an entry, and any other personal attribute or identifier for advertising, promotional and/or publicity purposes, in all forms of media and by all manners (now and hereafter known), worldwide, in perpetuity, without any compensation, obligation, notice or consideration except for the awarding of the Prize(s) to the Prizewinners.
ALL PRIZES ARE PROVIDED “AS IS” AND “with all faults.” sweepstakes ENTITIES make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any prize, or any portion thereof, including, without limitation, its quality, merchantability or fitness for a particular purpose. Any and all warranties for a prize, or any portion thereof – IF ANY – are contained in the manufacturers’ or service providers’ warranties, as relevant.
All trademarks are the property of their respective owners. The use of certain companies’ products and services as Prizes does not imply participation in, approval of, or endorsement of this Sweepstakes by such companies.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION:
By entering, ALL ENTRANTS IN THE SWEEPSTAKES, ENTRANT’s HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS release and agree to defend, indemnify and hold harmless ALL sweepstakes ENTITIES, TWITTER, INC., META PLATFORMS, INC. AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (THE “RELEASED PARTIES”) From and against any and all claims, demands, losses and causes of action for any DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, punitive, AND INCIDENTAL DAMAGES), liability, loss, cost, fees (including attorneys’ fees), including, without limitation, damage to PERSON (INCLUDING DEATH) OR personal or real property, due, in whole or in part, directly or indirectly, by reason of THE acceptance, possession, REDEMPTION, MISDIRECTION, use or misuse of ANY prize OR ANY PORTION OF ANY PRIZE (including any activity OR TRAVEL related thereto) or participation in the sweepstakes and the ACTIVITIES OR FOR ANY And all claims based on rights of publicity and rights of privacy WHETHER any of these things are CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSORS AND/OR ANY OTHER RELEASED PARTY.
Entrant further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release(s) are hereby expressly and forever waived. Entrant acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY THEM, WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
By participating in the Sweepstakes, Entrant agrees to release, discharge, indemnify, and hold harmless the Released Parties from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Entrant’s participation in the Sweepstakes; (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 Sponsors; interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to Entrant’s (or any third person’s) computer or mobile device and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. The Released Parties are not responsible for any changes or unavailability of the wireless carrier, internet service provider, or the social media platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsors’ ability to use the website, SMS text service, or social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsors) or ability of Entrant to timely enter, receive notices, or communicate with Sponsors via the website, SMS text service, or social media platform, in which case Sponsors, in their 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 Sponsors and/or the other Sweepstakes Entities or the user, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Sweepstakes, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way, or prevented, including, without limitation, because of any kind of 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 Sponsors and/or the other Sweepstakes Entities, any user or Entrant or a third party, or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsors reserve the right, at their sole discretion, to change the Official Rules, to cancel, modify, suspend, or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend, or withdraw any method of entry, without notice, and select Prizewinners from all valid entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal (if any) or to otherwise award any Prize(s) as deemed fair and appropriate by Sponsors in their sole discretion. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God or public enemy; an act or threat of terrorism, war (declared or undeclared), riot or civil commotion, fire, flood, natural or man-made epidemic/pandemic of health or other means, earthquake, explosion, riot or civil disturbance, public health crisis (e.g. COVID-19, SARS, Ebola, Measles), cyber or ransomware attack, casualties, satellite or equipment failure, boycott, labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order, guidance, or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order, guidance, or request proves to be invalid); order or any court or jurisdiction; or any other cause not reasonably within Sponsors’ 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 Sponsors believe 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 Sponsors, 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, SPONSORS RESERVE THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsors reserve the right, in their 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.
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.
Entrant, Sponsors, and the other Released Parties (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes pertaining to the Sweepstakes, administration of the Sweepstakes, and/or these Official Rules only through binding arbitration; provided, however, Sponsors shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the Parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules & Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles, California or – where required by the arbitration service’s rules – in or near your home town. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsors agree to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of Entrant to attend the arbitration hearing). Either Party may, notwithstanding this provision, bring qualifying claims in small claims court.
LIMITATION OF LIABILITY:
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF, PROVIDED HOWEVER THAT NOTHING IN THESE OFFICIAL RULES WILL RESTRICT A CALIFORNIA RESIDENT’S RIGHT (IF ANY) TO PURSUE PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW IN ACCORDANCE WITH THE DISPUTE-RESOLUTION PROVISION ABOVE.
WINNER LIST AND OPT-OUT:
To receive the Prizewinners’ list, send a stamped self-addressed envelope to: “Sweepstakes Winners’ List”, Warner Bros. Domestic Television Distribution, 4000 Warner Blvd., Second Century Building 3rd Floor, Burbank, CA 91522 (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. If you no longer wish to receive mailings for contests or sweepstakes sponsored by Valpak Direct Marketing Systems, LLC, write to Valpak Direct Marketing Systems, LLC, 1 Valpak Avenue North, St. Petersburg, FL 33716 ATTN: Sweepstakes Removal.
For a copy of the Official Rules, go to https://bigbangtheoryweeknights.com/during the Sweepstakes Period.
This Sweepstakes is sponsored by Warner Bros. Domestic Television Distribution, 4000 Warner Blvd., Burbank, CA 91522 and Valpak Direct Marketing Systems, LLC 1 Valpak Avenue North, St. Petersburg, FL 33716.
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 Sponsors or the Sweepstakes.
Warner Bros.,” THE BIG BANG THEORY”, and their logos are trademarks of Warner Bros. Entertainment, Inc. and are used with permission. All trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Apple, Inc., Google, LLC, Alphabet, Inc., Twitter, Inc., Meta Platforms, Inc., Facebook, Inc., Instagram, Inc., or any other third-party not specifically designated by Sponsors. Information is being provided solely to Sponsors in accordance with these Official Rules.
© 2023 Warner Bros. Domestic Television Distribution. All rights reserved.