TNT's Avengers: Infinity War Vinyl Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
SPONSOR: Turner Entertainment Networks, Inc., 1050 Techwood Drive, Atlanta, GA 30318 (“Sponsor”).
By participating, you (“Entrant” or “You”) agree to abide by and be bound by these official rules (“Official Rules”) and the decisions of Sponsor, which are final and binding in all respects and not subject to appeal.
1. SWEEPSTAKES: The TNT's Avengers: Infinity War Vinyl Sweepstakes (“Sweepstakes”) is a random draw sweepstakes which begins at 12:00:00 PM Eastern Time (“ET”) on June 22, 2020 and ends at 11:59:59 PM ET on June 27, 2020 (the “Sweepstakes Entry Period”). The sole determinant of time for the purposes of receipt of a valid entry in the Sweepstakes will be the Sponsor’s clock.
2. ELIGIBILITY: The Sweepstakes is open only to persons who, as of the time of entry: (i) have reached the age of majority in their state of primary 18 or older or the age of majority in their state of primary residence; (ii) are legal residents of, and physically located within, the 50 United States or D.C. (“Territory”); (iii) are not officers, directors, or employees of Modern Marketing Concepts, Inc. dba Crosley Brands, or Hollywood Records, Inc., or either of their parent, subsidiary or affiliated companies (collectively, the “Prize Providers”); and (iv) are not officers, directors, or employees of Sponsor, its parent, subsidiary, or affiliated companies, or of the advertising, promotional or fulfillment agencies involved in this sweepstakes (collectively with the Prize Providers, the “Sweepstakes Entities”). The Sweepstakes is subject to all applicable federal, state, and local laws.
3. How to Enter: Visit the entry website at http://www.tntdrama.com/infinitywarsweeps (“Website) and complete the entry form by providing Your first and last name and Your email address (“Address”), and clicking the “Submit” button (“Entry”). Limit one (1) Entry per person/Address. If a dispute arises regarding who submitted an Entry, the Entry will be deemed to be submitted by the authorized account holder of the Address associated with the Entry. Authorized account holder is defined as the natural person who is assigned to an Address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted Address.
4. LIMITATIONS: Entrants who have not complied with these Official Rules are subject to disqualification and applicable Entries will be void. Sponsor reserves the right to disqualify any Entrant’s registration in the Sweepstakes if Sponsor determines or suspects that the Entrant has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other fraudulent, deceptive, or unfair playing practices. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes at any time if fraud, technical failures, or any other errors, or other causes corrupt the administration, security, integrity, or proper operation of the Sweepstakes. In the event of cancellation, Sponsor reserves the right to select the Winners from among all eligible Entries received up to the time of such cancellation, in a manner determined by Sponsor to be fair, appropriate, and consistent with these Official Rules.
The Sweepstakes Entities do not warrant that access to the Sweepstakes will be uninterrupted. Neither the Sweepstakes Entities, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releasees”) are responsible for: (a) Entries from persons residing, or physically located, outside the Territory; (b) Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Official Rules; (c) lost, interrupted or unavailable networks, servers, satellites, websites, or other connection, availability, or accessibility problems arising in connection with or over the course of the Sweepstakes; (d) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other errors in connection with the administration of the Sweepstakes, the processing of mail or Entries, or the offering or announcement of the Prizes (defined in Section 5) or in any Prize notification documents; (e) any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical in nature; (f) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; (g) any changes to any Website function that may interfere with the Sweepstakes or Your ability to timely enter; or (h) damage to a user's system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes; even if caused by the negligence of any of the Releasees.
5. PRIZES AND APPROXIMATE RETAIL VALUE: Twenty (20) grand prizes (each, a “Prize”) will be awarded. Twenty (20) winners (each, a “Winner”) will each receive: [a] one (1) copy of Avengers: Infinity War (Original Soundtrack) vinyl LP (12" album, 33 rpm) (approximate retail value (“ARV”): $21.98); and [b] one (1) Crosley “Cruiser Deluxe” Turntable (color selected by Sponsor) (ARV: $69.95). Total ARV of each Prize is Ninety One Dollars and Ninety Three Cents ($91.93). Total ARV of all Prizes is One Thousand Eight Hundred Thirty Eight Dollars and Sixty Cents ($1,838.60). Each Winner will be responsible for all federal, state and local taxes associated with Prize.
Any depiction of the Prize is for illustrative purposes only and may not reflect actual Prize. Any difference between ARV and actual value will not be awarded. Certain restrictions, as determined by Sponsor, may apply. If the Winner cannot comply with any portion of these Rules, the Prize will be forfeited in its entirety and an alternate Winner may be chosen. If any portion of the Prize is not available for any reason then the Sponsor reserves the right to substitute that portion of the Prize with another prize of comparable or greater value. Any portion of the Prize not accepted by Winner will be forfeited. Prize elements may be shipped separately and may arrive at different times.
6. DRAWING PROCEDURES AND ODDS OF WINNING: Odds of winning the Prize depend on the total number of eligible Entries received during the Sweepstakes Entry Period. Sponsor will select the potential Winner in a random drawing on or about July 10, 2020 (“Drawing Date”) from among all eligible Entries received.
7. HOW TO CLAIM PRIZE: Each potential Winner is subject to verification and full compliance with these Official Rules before Prize will be awarded. On or about two (2) business days following the random drawing, each potential Winner will be notified via email to confirm a mailing address as well as any additional required information or responses. Once the potential Winner’s mailing address is received, the potential Winner will be sent Affidavit of Eligibility, Liability Release, and, where lawful, Publicity Release (“Affidavit”) paperwork by overnight delivery service or via email to the Address provided during Entry. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate Winner (if time permits) may result from any of the following: (a) a potential Winner’s failure to respond to email notification within two (2) business days after transmission; (b) the return of an email notification as undeliverable after three (3) attempts; (c) the return of any other notification as undeliverable; (d) potential Winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency, if required; (e) potential Winner’s failure to provide Sponsor with satisfactory proof that he/she is the authorized account holder of the email address associated with the winning Entry, if required; (f) potential Winner’s failure to provide any required additional information upon Sponsor’s request; (g) potential Winner’s failure to execute and return a properly completed Affidavit, within five (5) business days after its mailing/emailing; and/or (h) any other non-compliance with these Official Rules. In the event of Prize forfeiture by potential Winner, the Sponsor may, in its sole discretion, award or not award the forfeited Prize to an alternate Winner. Prize will be awarded provided a sufficient number of eligible Entries are received, and Prize is validly claimed by October 15, 2020 after which no alternate Winner will be selected, nor unclaimed Prize awarded.
9. GENERAL: Winner, by acceptance of Prize, grants to Sponsor, the other Sweepstakes Entities, and each of their respective designees the absolute right and license to use, publish, post, and/or display his/her name, address (city and state of residence), photograph, voice, likeness, and/or other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sweepstakes Entities’ sole discretion) in any and all media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration, notification or permission, unless prohibited by law. The Sweepstakes Entities’ failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes-related materials, these Official Rules shall prevail. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Sweepstakes Entities’ employees are not authorized to waive, modify, or amend any provision or provisions of these Official Rules in any manner whatsoever. ANY ATTEMPT BY AN ENTRANT OR OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL, TO THE FULLEST EXTENT PERMITTED BY LAW.
10. INDEMNIFICATION AND LIMITATION OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS AND INDEMNIFY EACH OF THE RELEASEES 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.”
11. 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 Releasees 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 Releasees 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 Releasees 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 Releasees is proper if Your claim otherwise qualifies for such court and You do not seek any equitable relief. The Parties agree that the Releasees 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 the 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 Releasees or their advertisers or their respective present or future parent, subsidiary or affiliated companies.
12. OFFICIAL RULES & WINNER’S LIST: For a copy of these Official Rules or a list of winners, 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”): TNT's Avengers: Infinity War Vinyl Sweepstakes, 3500 W. Olive Ave, Burbank CA 91505, ATTN: 0818. All requests must be received by October 15, 2020.