NO PURCHASE NECESSARY TO ENTER OR WIN.
1. ELIGIBILITY. “I Am The Night 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 twenty one (21) years of age or older on the date of entry (the “Participant”). 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”), WarnerMedia 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 from 12:01:01 a.m. Eastern Standard Time (“EST”) on January 29, 2019 until 12:00 AM EST on March 11, 2019 until 11:59:59 PM ET (the “Sweepstakes Period”). To enter the Sweepstakes, participants may log on to https://www.tntdrama.com/i-am-the-night/sweepstakes (the “Website”) during the Sweepstakes Period and follow the directions to enter by providing and submitting Participant’s email address. During the Sweepstakes Period, Participants who opt-in to the “I Am The Night” newsletter (the “Newsletter”) will receive one (1) unique code (the “Code”) each week to increase their chances of winning. During the Sweepstakes Period, after obtaining a Code, a Participant may then visit the Website and follow the instructions to enter the Code to receive five (5) additional entries (“Additional Entries”).
To be eligible, entries must be submitted and received within the Sweepstakes Period. No other methods of entry will be accepted. Sponsor’s computer is the official time clock. LIMIT: one (1) entry per person, e-mail address and household. Multiple entries received in violation of the above entry limitation, false or deceptive acts or entries, or entries generated by script, macro or other automated means or by any other means that subvert the entry process will be void, will render a participant ineligible and also may result in participant no longer being allowed to enter Sponsor’s sweepstakes, contests or other promotions in the future, at Sponsor’s sole discretion.
Entries must be submitted in the name of an eligible living individual and prize(s) can only be awarded to the individual email account holder whose name is on or corresponds to each winning entry. All entries become the property of Sponsor and will not be acknowledged or returned.
The Sweepstakes Entities and their respective employees, officers, directors, shareholders, representatives, agents and each of its affiliates (collectively, the “Released Parties”) are not responsible for technical, hardware or software failures of any kind, lost or unavailable network, cable, satellite, Internet service provider, telephone, telephone lines or other connections, pre-emptions, blackouts or any other non-controllable acts concerning a television broadcast or incorrect, incomplete, misdirected, undelivered, lost, late, garbled or stolen entries or computer transmissions or other errors or problems of any kind which may limit or affect a person’s ability to participate in the Sweepstakes. In the event of sabotage, acts of God, terrorism, computer virus, worm, bug or other events or causes which corrupt or undermine the integrity, administration, security or proper operation of the Sweepstakes, Sponsor reserves the right to cancel, terminate, modify or suspend the Sweepstakes. In the event of cancellation, termination, modification or suspension, 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.
3. HOW TO WIN; ODDS OF WINNING. On or around March 11, 2019, six (6) winners (the “Winners”) will be randomly selected by Sponsor from among all eligible entries received during the Sweepstakes Period. The odds of winning will depend on the total number of eligible entries received during the Entry Period. If you are deemed a Winner, you may only win one (1) prize during the Entry Period. Additional entries submitted by a Winner will not be eligible for an additional prize. Each Winner will be notified by Sponsor via email and must meet all eligibility requirements including replying to Sponsor’s notification and executing and returning all necessary releases and documents (if any) required by Sponsor within five (5) days. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules. Each Winner should receive his/her prize(s) within six (6) to eight (8) weeks from the date of Sponsor’s verification of him/her as the Winner.
The decisions of Sponsor in all matters regarding the Sweepstakes are final and binding.
4. PRIZE. Winners will each receive one of the following prize options at the sole discretion of Sponsor:
TOTAL ARV OF ALL PRIZES: One Thousand Five Hundred Seventy Five Dollars ($1,575 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 PARTICIPANT 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 PARTICIPANT 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 PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND PARTICIPANT 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 PARTICIPANT 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 April 11, 2019), 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”) “I Am The Night Sweepstakes,” Attn: EXE0305F 1050 Techwood Drive NW, Atlanta, GA 30318. All requests must be received by May 11, 2019.
SPONSORED BY: Turner Entertainment Networks, Inc., 1050 Techwood Drive NW, Atlanta, GA 30318.
© Turner Entertainment Networks, Inc. A WarnerMedia Company. All Rights Reserved.