12 Days $12K Sweepstakes Rules and Regulations
ellenshop.com 2018 “12 Days $12K” Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A purchase will not increase your chances of winning. Void where Prohibited. Ellen’s 2018 12 Days $12K Sweepstakes (the "Sweepstakes") is sponsored by WAD Productions Inc. (the “Sponsor”). The entry period for the Sweepstakes begins November 21, 2018 at 10:00 a.m. Pacific Standard Time (PST) and ends December 12, 2018 at 11:59:59 p.m. Pacific Time (PST) (the “Entry Period”). Sponsor’s computer will serve as the official time piece for the Sweepstakes.
The Sweepstakes is open to legal residents of the United States (50 states and District of Columbia, but specifically excluding the territory of Puerto Rico) and to legal residents of Canada who are residing in Canada (but excluding residents of Quebec) who are eighteen (18) years old and over as of the date of entry. Neither Sponsor nor employees of Sponsor, “The Ellen DeGeneres Show,” Warner Media, Warner Brothers Entertainment Inc., Telepictures Productions, Inc., and all of their respective partners, parent companies, divisions, subsidiaries, Entities, trustees, franchisees, licensees, distributors, advertising, promotion and public relations agencies and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the "Sponsor Entities") are eligible to participate in the Sweepstakes and/or win any Sweepstakes prize (as further defined below). Additionally, relatives 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, “relatives” is defined as spouse, domestic partner, parent, in-laws, grandparent, brother, sister, children and grandchildren.
- HOW TO ENTER: Online entry is the only method of entry for the Sweepstakes.
To enter the Sweepstakes:
If you are over eighteen (18), legally reside in one of the fifty (50) United States, District of Columbia, or Canada (excluding Quebec), go to the Ellen Shop located at www.ellenshop.com and complete one of the following entry options:
Option #1 NO PURCHASE NECESSARY
Follow the appropriate links to register for the ellenshop.com newsletter. If you are already registered for the newsletter enter your name and email address to enter the sweepstakes. You must also acknowledge that you are over eighteen (18) and have read and have accepted these Official Rules.
Place an order on ellenshop.com that is Forty US Dollars ($40.00) or more and you will automatically be entered into the Sweepstakes upon acknowledgement that you are over eighteen (18) and have read and have accepted these Official Rules.
Entries received following the close of the Entry Period will be disqualified.
Limit one (1) entry per person/household during the Entry Period. If a dispute arises regarding who submitted an on-line entry, the entry will be deemed submitted by the authorized holder of the e-mail account submitted with the entry. As used herein, the “authorized holder of the e-mail account” is defined as the natural person to whom the e-mail address is assigned by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
- SELECTION OF SWEEPSTAKES WINNER:
One Prizewinner will be selected from all eligible entries received during the Entry Period. The Prizewinner will be selected by random drawing conducted by Sponsor on or before December 14, 2018. If the potential Prizewinner, within 24 (24) hours of Sponsor’s Prize notification, (i) fails to return a completed affidavit of eligibility, liability/publicity release (if a U.S. resident), Declaration of Compliance (if a Canadian resident), or other documents(s) as required by Sponsor, (ii) fails to provide Sponsor with a copy of his/her valid government issued photo identification or social security number, and/or (iii) is found to be ineligible, an alternate Prizewinner may be selected at Sponsor’s sole discretion. If a potential winner is a Canadian resident that potential winner will be required to correctly answer a time-limited skill testing question before being declared an actual winner. Sponsor reserves the right to modify the notification and affidavit/release procedures in connection with the selection of an alternate Prizewinner, if any. A total of one (1) Prizewinner will be selected.
The Prizewinner will receive the following:
A onetime payment of Twelve Thousand US Dollars ($12,000.00).
Decisions made by Sponsor are final in all matters, including interpretation of these Official Rules and awarding of the prizes, and cannot be appealed. No substitutions of any prize are offered, except that Sponsor and the Sponsor Entities reserve the right in their sole discretion to substitute a prize or any portion of a prize for a prize(s) of equal or greater value. No transfer of a Prize to a third party is permitted and the cash value of a prize will not be awarded in lieu of a prize where it applies, except in Sponsor’s sole discretion. Any applicable federal, state and local taxes, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of the Prizewinner.
- LIMITATION ON LIABILITY/DISCLAIMER:
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
All entries must be completed in full in order to be eligible. Any attempted form of entry other than as described herein is void. Entries generated by a script, macro, bot or other automated means will be disqualified. No mechanical reproductions, alterations, or forged entries allowed. Incomplete, illegible, and corrupted entries are void. Sponsor reserves the right, at its sole discretion, to disqualify any individual (and his/her entry) who tampers with the entry process.
Any person who supplies false information, enters by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain a Prize will forfeit the Prize won and may be prosecuted to the fullest extent of the law. All federal, state and local laws and regulations apply. You further agree to not knowingly: damage or cause interruption of the Sweepstakes; prevent others from using the Sweepstakes; or obtain or modify another user's account information without their consent.
CAUTION: ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL AND/OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY SWEEPSTAKES ENTRANT MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor and Sponsor Entities are not responsible for lost, late, incomplete, destroyed, forged, damaged, tampered with, mass machine generated, unintelligible, incomprehensible, misdirected entries, otherwise not in compliance with these Official Rules or mail related to or resulting from participation in the Sweepstakes. Sponsor and Sponsor Entities are also not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections or failed, incomplete, garbled or delayed software transmissions which may limit an entrant’s ability to participate in the Sweepstakes or damage to user’s system as a result of participation in the Sweepstakes or downloading any information necessary to participate in the Sweepstakes. Sponsor reserves the right in its sole discretion to cancel or modify the Sweepstakes if the Sweepstakes is not capable of running as planned, including, without limitation, any computer virus, malfunction, tampering, unauthorized intervention, fraud, technical failure or other cause beyond its control which corrupts, threatens or adversely affects the administration, security, fairness, integrity or proper operation of the Sweepstakes.
As a condition of entry, you agree to be bound by these Official Rules and the decisions of Sponsor. By entering this Sweepstakes, you agree to waive any right to claim ambiguity with the Official Rules.
Except where prohibited by law, by entering this Sweepstakes, you consent to (i) the use of your name, voice, picture, likeness and biographical data and/or any other information contained in your entry in advertising, promotional and marketing materials by Sponsor and the Sponsor Entities worldwide in all media now known or hereafter discovered or devised (including, without limitation, Sponsor’s and Sponsor Entities’ web sites) without additional compensation, notice, approval or review and (ii) the modification, editing, adaptation, electronic alteration, use, assignment and/or disposal of on-line entries however Sponsor sees fit and for any purpose without any notice or compensation to you or any third parties. You acknowledge that if you are chosen as a Prizewinner, certain of your personally identifying information may be disclosed to third parties at least as required by law, including, without limitation, on a Winner’s List.
All Prize claims and documents provided by the Prizewinner must be verified by Sponsor.
EACH PRIZEWINNER, by acceptance of a Prize, agrees to release Sponsor AND the Sponsor Entities from and against any and all liability, claims or actions of any kind whatsoever for injuries, death, disability, attorneys’ fees, costs of litigation and settlement as well as damages or losses to persons and property that may be sustained in connection with the receipt, ownership, redemption or use of the Prize or while traveling to and/or from a location to obtain or use the Prize.
EACH ENTRANT understands and agree that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
- CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Neither Sponsor nor the Sponsor Entities make any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the use of the Prize including, without limitation, quality, merchantability, or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.
Sponsor and Sponsor Entities shall not be liable to any winner or any other person for failure to supply a prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control. Sponsor and Sponsor Entities shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- DISPUTE RESOLUTION.
Entrants, Sponsor, and the Released Parties (each, a “Party” and collectively 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.
- GOVERNING LAW.
The Sweepstakes and these Official Rules will be governed by the laws of the State of California whose courts shall have exclusive jurisdiction in the event that any dispute arises regarding the Sweepstakes or any of the Prizes. Any action by entrant or any third party brought to enforce these rules or, in connection with any matters related to the Web Site shall be resolved individually, without resort to any form of class action, exclusively by those courts located in Los Angeles County, California, and entrants expressly consent to the jurisdiction of said courts and waive any objections to personal jurisdiction. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred including, without limitation, costs associated with entering the Sweepstakes but in no event attorneys’ fees or costs. Under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages other than for actual out-of-pocket expenses and any and all right to have damages multiplied or otherwise increased.
- WINNER’S NAME:
For the names of the Prizewinner, send a self-addressed, stamped envelope to:
Telepictures Productions Inc.
c/o WAD Productions Inc.
3500 West Olive, Suite 1000
Burbank, CA 91505
ATTN: 2018 ellenshop.com 12 Days of Christmas $12,000 Sweepstakes Winner’s List
SPONSOR: WAD Productions 3500 W. Olive Avenue, Suite 1000, Burbank, CA 91505.
© 2018 Telepictures Productions Inc. All rights reserved.