NO PURCHASE NECESSARY TO ENTER OR WIN.
1. ELIGIBILITY. The Alienist Swag Sweepstakes (the “Sweepstakes”) is open to legal residents of (and who are physically present in) the fifty (50) United States and the District of Columbia, who are thirteen (13) years of age or older on the date of entry. The following are also ineligible: employees, their spouses and immediate families (parent, child, sibling, and any of their respective spouses) and household members (whether or not related) of Turner Entertainment Networks, Inc. (“Sponsor”), Time Warner Inc., and each of their respective parents, subsidiaries, divisions, trustees, franchisees, participating vendors, distributors, cable affiliates, advertising and promotion agencies and affiliated entities (collectively, including Sponsor, the “Sweepstakes Entities”).
The Sweepstakes is governed by United States law and is subject to all applicable federal, state and local laws and regulations. By entering the Sweepstakes, participants agree to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”). Void in Puerto Rico, United States territories and possessions and where prohibited or restricted by law.
2. HOW TO ENTER. Participants may enter the Sweepstakes beginning at 9:00:00 p.m. Pacific Time (“PT”) on January 22, 2018 until 8:59:59 p.m. PT on April 2, 2018 (“Entry Period”). To enter, during the Entry Period, a participant must log on to the sweepstakes website, located at http://thealienistsweepstakes.tntdrama.com/ and complete and submit the online entry form, including their first and last name, e-mail address and zip code, making them eligible to win the Sweepstakes. Participants may only enter once per week. All entries must be submitted in the name of an individual person and the prize can only be awarded to the person whose name is on the winning entry. The Sweepstakes will consist of ten (10) Entry Periods, each running for one (1) week, as described in the chart below. Five (5) Winners (as defined below) will be selected during each Entry Period and the selected Winner will be given an opportunity to select one (1) out of five (5) Prizes.
The Sweepstakes Entities and each of their respective employees, officers, directors, representatives and agents (collectively, the “Released Parties”) are not responsible for misdirected, incomplete, lost, late, illegible, undelivered, inaccurate or delayed entries, or for technical, hardware, or software failures of any kind, lost or unavailable network, cable, satellite, Internet service provider, telephone, telephone lines or other connections, preemptions, blackouts or any other non-controllable acts concerning a television broadcast, failed, incomplete, garbled or delayed computer transmissions or other errors or problems of any kind which may limit or affect a person’s ability to participate in the Sweepstakes, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes which corrupt or undermine the integrity, administration, security or proper operation of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify entrants and/or modify, cancel or suspend the Sweepstakes. In the event of termination, Sponsor reserves the right, at their sole discretion, to award the prizes from among all non-suspect eligible entries received up to the time of such action. False or deceptive entries or acts will render the entrant ineligible. All entries become the property of the Sponsor and will not be acknowledged or returned. Regardless of method of entry, limit one (1) entry per person, e-mail address or household per weekly entry period.
Sponsor’s computer is the official time clock. Entries must be submitted in the name of an eligible living person. All entries become the property of the Sponsor and will not be acknowledged. Proof of submitting an entry does not constitute proof that Sponsor received the entry in the Sweepstakes.
3. HOW TO WIN; ODDS OF WINNING. Fifty (50) prize winners (the “Winner” or, collectively, the “Winners”) will be randomly chosen by the Sponsor on or around each Monday during the Entry Period from among all eligible entries received during the preceding Weekly Entry Period in accordance with the chart above. The odds of winning will depend on the total number of eligible entries received during the relevant Weekly Entry Period. If you are deemed a Winner, you may only win one (1) Weekly Prize during the Entry Period. Additional entries submitted by a Winner will not be eligible for an additional Weekly Prize. Each Winner will be notified by Sponsor via email and must meet all eligibility requirements including timely replying to Sponsor’s notification and executing and returning all necessary releases and documents (if any) required by Sponsor. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules. Each Winner should receive his/her prize(s) within two (2) to four (4) weeks from the date of Sponsor’s verification of him/her as the Winner.
At the sole discretion of Sponsor, disqualification may result from any of the following: If the potential Winner (i) fails to respond to the notification or contact Sponsor within a reasonable period of time or no longer than five (5) days from the date Sponsor sends such notice, (ii) fails to sign and return all necessary documents within the time period designated by Sponsor, (iii) declines the prize, (iv) fails to provide Sponsor with satisfactory proof of age, identity and residency, or (v) fails to comply with any of the Official Rules as outlined herein, such potential Winner will be disqualified and an alternate Winner will be chosen.
The decisions of Sponsor in all matters regarding this Sweepstakes are final and binding.
4. PRIZE. Fifty (50) Weekly Prize Winners will each receive one of the following prize options at the sole discretion of Sponsor:
TOTAL ARV OF ALL PRIZES: Two Thousand One Hundred Seventy Four Dollars 90/100 ($2,174.90 US).
No substitution or transfer of prizes or cash redemption is permitted. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value in the event the advertised prize (or portion thereof) is not available for any reason, at its sole discretion. Winners are responsible for the reporting and payment of all federal, state and local taxes (if any) and any other costs and expenses associated with prize acceptance and use not specified in these Official Rules and/or in the applicable entry instructions as being provided. All details of the prizes not specified herein at Sponsor’s sole discretion.
Limit: One (1) prize per person/ household/ email address.
5. INDEMNIFICATION AND LIMITATION OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITY, ATTORNEYS' FEES, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE-RELATED OR SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. EACH WINNER AGREES (AS BETWEEN SPONSOR AND SUCH WINNER) THAT THE PRIZE WON IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
EACH ENTRANT AGREES THAT (I) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH PARTICIPATING IN THIS SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES; AND (II) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ANY AND ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSE AND WAIVES ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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.”
6. GENERAL. By participating in this Sweepstakes and accepting the prize(s), each Winner grants the Sweepstakes Entities the right, unless prohibited by law, to use the Winner’s name, voice, picture and likeness, without further compensation, notification or approval, for the purpose of advertising, promotion and/or publicizing the goods and services of the Sweepstakes Entities and/or such designees and/or in connection with all matters related to the Sweepstakes, in any manner or medium, throughout the world in perpetuity.
CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
7. ARBITRATION/CLASS ACTION WAIVER: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT OR CLASS ACTION IN COURT.
The Released Parties and you (“Parties”) agree that these Official Rules affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Any dispute/claim relating to this contract or its breach, the Official Rules or any prize awarded (“Claim”) that is not informally resolved within fifteen (15) days of notice, shall be finally resolved by arbitration in your state of residence. The arbitration will be administered by the AAA under its AAA Rules, will be conducted in English and by a single arbitrator, and any court with jurisdiction may enter judgment regarding the arbitrator’s award.
The Released Parties will bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000.00, unless the arbitrator determines that the arbitration is frivolous. You are responsible for any other costs that you may incur in the arbitration, including, attorney fees and expert witness costs, unless the Released Parties are otherwise required to pay such costs under applicable law. You may pursue your claim in small claims court where jurisdiction and venue over the Released Parties is proper if your claim otherwise qualifies for such court and you do not seek any equitable relief.
The Parties agree that the Released Parties and you will resolve any Claim on an individual basis, and that any Claim will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding (“Class Proceeding”). The Parties further agree that neither will participate in any current or future Class Proceeding brought by any third party relating to the contract, Sweepstakes, Official Rules, Promotion or any prize.
If any court or arbitrator determines that the class action waiver is void or unenforceable or that arbitration may proceed on a class basis, then the relevant claim will not be subject to arbitration and must be litigated in federal court located in New York, New York.
The agreement to arbitrate and class action waiver also apply to any Claims you assert against the Released Parties or their advertisers or their respective present or future parent, subsidiary or affiliated companies.
9. OFFICIAL RULES OR WINNERS LIST: For a copy of these Official Rules or the Winners List (which should be available on or about May 2, 2018), send a self-addressed, stamped envelope (residents of VT need not include return postage for rules requests) to the following address: (please specify “Official Rules” or “Winners”) The Alienist Swag Sweepstakes, Attn: EXE0305F 1050 Techwood Drive NW, Atlanta, GA 30318. All requests must be received by July, 2018.
SPONSORED BY: Turner Entertainment Networks, Inc., 1050 Techwood Drive, Atlanta, GA 30318
© Turner Entertainment Networks, Inc. A Time Warner Company. All Rights Reserved.