Entry Period 1

Overview

The Ellen’s 12 Days of Giveaways Sweepstakes 2024 (the “Sweepstakes Promotion”), sponsored by Ellen Social Club, LLC (the “Sponsor”), is a series of twelve individual sweepstakes (each, individually, a “Sweepstakes,” and together, the “Sweepstakes”) presented over 12 consecutive days starting Thursday, November 14, 2024 at 6:00 a.m. Pacific Time (“PT”) ending at 11:59 p.m. PT on Saturday, December 7 (the “Sweepstakes Period”). Each Sweepstakes has its own start and end dates and times (“Entry Periods”), and eligible entrants may enter any Sweepstakes during its Entry Period to win the prize offered for that Sweepstakes. An entry in one Sweepstakes will not roll over to the next Sweepstakes. Sponsor may choose to end any future sweepstakes at any time, at which time these rules will not apply to any current or active sweepstakes. The Sweepstakes Promotion is open to and is intended for viewing from, or as applicable, participation in the United States and Canada (but excluding Quebec) only and shall only be construed and evaluated according to United States law.

Sweepstakes Official Rules

• NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
• VOID WHERE PROHIBITED BY LAW.
• AFFIDAVIT OF ELIGIBILITY / DECLARATION OF COMPLIANCE / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT IS REQUIRED FOR ANY PRIZE WITH AN APPROXIMATE RETAIL VALUE OF $600 OR MORE.
• ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, META PLATFORMS, INC. (INCLUDING FACEBOOK, INSTAGRAM, AND THREADS), X CORP., TIKTOK, INC., AND THEIR PARENT COMPANIES.
 

The Ellen’s 12 Days of Giveaways 2024 Sweepstakes Entry Period 1 (the “Sweepstakes”) will begin at 6:00 a.m. Pacific Time (“PT”) on Thursday, November 14, 2024, and ends at 11:59 p.m. PT on Tuesday, November 26, 2024 (the “Entry Period”). Sponsor’s computer is the official timekeeping device for the Sweepstakes. Do not proceed in this Sweepstakes if you are not a legal resident of the United States or Canada (excluding residents of Quebec), or if you are a legal resident of the United States or Canada (excluding resident of Quebec) and you do not fall within the eligibility requirements set forth in the official rules below.

1. ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States (50 states and District of Columbia, but specifically excluding the territory of Puerto Rico) (“U.S.”) and Canada (excluding Quebec) who, as of the start date of the Sweepstakes, are at least the age of majority in the jurisdiction where they legally reside (for the U.S., eighteen (18) years old, except for the states of Alabama and Nebraska (nineteen (19) years old) and the state of Mississippi (twenty-one (21) years old) and for Canada,  nineteen (19) years old). Neither Sponsor nor employees of Sponsor, and/or 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.

2. HOW TO ENTER: Online entry is the only method of entry for the Sweepstakes.

To enter the Sweepstakes, you must first be a subscriber of the Ellen email newsletter. To subscribe, go to ellenshop.com/12days and follow the on-screen instructions to provide all required information and subscribe to receive marketing emails from Sponsor. You may unsubscribe from receipt of these emails at any time, at which point you will no longer receive marketing emails from Sponsor, including the marketing emails containing the link to enter this Sweepstakes. Once you have successfully subscribed, you will receive an invite email at the email address you provided that contains a link to the web site where you may enter the Sweepstakes (the “Sweepstakes Website” or “Website”). This entry email may take a short time to arrive in in your inbox; if there is a delay, please be sure to check your junk mail before contacting Sponsor. Note: if you subscribe to receive and/or begin receiving the Ellen email newsletter after a particular Entry Period has ended, you will not be eligible to enter for that (or any previous Entry Periods, if applicable), although you will be eligible to enter subsequent Entry Periods. Sponsor is not responsible for any delayed, lost, late, or corrupted emails, any non-working links, viruses, or any other technical issues or errors, even if you miss an Entry Period deadline; you are responsible for contacting Sponsor if you do not receive the invite email. 

Once you have received the invite email, click on the link in it and follow the instructions on the Sweepstakes w Website to enter the Sweepstakes. Your entry must be received during the Entry Period for you to be eligible to win. When you submit your information and follow the instructions on the Website, your name will be automatically entered into a random drawing for the prize from among all eligible entries received associated with this Sweepstakes Entry Period, which corresponds to the link contained within the Ellen email newsletter. All entries must be submitted at the Website accessible through the Ellen email newsletter links during the Entry Period and according to all applicable directions as listed on the Website, or the entry will be void. Those who do not fill in all the required fields will be disqualified. Non-winning entries do not roll over to subsequent Entry Periods; an entrant must reenter the sweepstakes for any additional or subsequent Entry Periods in order to be eligible to potentially win. 

Upon submission of an entry in this Sweepstakes, you agree that Sponsor may contact you via social media, including on Facebook, Instagram, Threads, X (Twitter), or TikTok, by sending you a direct message, tagging you, posting to your social media page or naming you on Sponsor’s social media page. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. If you are entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
 

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. Multiple entrants are not permitted to share the same email address. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Additionally, automated entries, entries which use or in any way incorporate artificial intelligence or any other simulation of human intelligence or process through the use of a machine or computer system (collectively, “Artificial Intelligence”), either in the creation or submission of the entry or as a part of any entry, and/or third-party entries are prohibited. Any entry that was created by using, or in any way incorporates, Artificial Intelligence, or that was created or made by a third party, will be void, and the entrant who submitted such an entry may be disqualified at Sponsor’s sole discretion. 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 Sponsor’s 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.

Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected or illegible entries; lost, interrupted or unavailable network, server or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware) or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.

4. SELECTION OF SWEEPSTAKES WINNER: Within five (5) days of the end of the Entry Period, one (1) prize winner will be selected from all eligible entries received during the Entry Period. The prize winner will be selected by random drawing conducted by Sponsor. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winner. Decisions of the Sponsor as to the selection of the winner will be final. The potential winner will be notified using the information provided during entry by any of the following methods (to be selected by Sponsor in its sole discretion): email, telephone, mail, or through a direct message on a social media platform (if applicable) in a commercially reasonable time after the drawing. The potential winner must respond within twenty-four (24) hours and in accordance with the instructions in the notification or the prize may, in Sponsor’s sole discretion, be forfeited. The Sponsor 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 and/or direct message on a social media platform. placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing. The potential prize winner who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance so use of a P.O. Box is discouraged. The Sponsor Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages. 

For any prize with an approximate retail value of $600 or more, the potential winner will be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement / Declaration of Compliance (if a legal resident of Canada), or other documents(s) as required by Sponsor (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize. If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed, or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified, and an alternate winner may be selected. Non-compliance shall result in disqualification and award of the prize(s) to an alternate winner. If the potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified, and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, 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 Sponsor Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.

If a potential winner is a legal resident of Canada, 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 conduct an alternative test of skill in lieu of the mathematical skill-testing question at its sole discretion and in accordance with applicable law. Sponsor reserves the right to modify the notification and affidavit/release procedures in connection with the selection of an alternate prize winner, if any. A total of one (1) prize winner will be selected.

5. ODDS: Odds of winning will depend upon the total number of eligible entries received during the Entry Period.

6. PRIZE: One (1) prize winner will receive one (1) prize, consisting of one million (1,000,000) I Prefer points for use toward a hotel stay, dining, spa services, and other activities of the winner’s choosing at one of Preferred Hotels & Resorts worldwide locations. Total Approximate Retail Value of the prize: $4,999.

PRIZE RESTRICTIONS: In order to receive the prize, the prize winner must be an I Prefer member and subject to full program T&Cs. Prize winner will be solely responsible for paying for the cost of transporting winner and any applicable guests to and from the hotel (e.g., air travel, rental cars, transport from home to airport, or any other transportation beyond the shuttle service listed above), all federal, state, and/or local taxes, and any other fees or costs associated with the prize they receive including, but not limited to, change of travel fees, automobile insurance, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, security fees and/or other expenses. The prize is non-transferable, with no equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. The winner may be required to provide Sponsor with a valid social security number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winner for the actual value of the prize(s) received. The ARV of the prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Unclaimed prize(s) will be forfeited. Prize, if legitimately claimed, will be awarded. The Sponsor Entities are not responsible for and will not replace any lost, mutilated, or stolen prize(s), or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited, and the Sponsor Entities will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize(s) will be awarded. The Sponsor Entities are not responsible for, and winner will not receive the difference, if any, between the actual value of the prize(s) at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material.

Travel restrictions, conditions and limitations may apply, and winner should review all prize information and restrictions provided by Sponsor, and included within the Affidavit, prior to signing the Affidavit and accepting the prize. Prize winner and any applicable guests must be able to travel on dates to be determined by Sponsor. Exact dates of travel to be determined at Sponsor’s discretion. 

Sponsor or another agent acting on Sponsor’s behalf will decide and otherwise determine all prize details. Sponsor reserves the right to substitute any details of the prize. Travel is subject to availability and blackout dates. Winner is responsible for obtaining all necessary travel documents. Travel arrangements must be made through Sponsor’s agent. If required, winner must be available to travel on dates specified by Sponsor or risk forfeiting the prize. Winner’s guest must be, at the time of prize fulfillment, at least the age of majority in the jurisdiction in which the guest resides (and at least 18 years of age or older), unless accompanied by a parent or legal guardian, and must complete and return a liability/publicity release and any other documentation required by Sponsor prior to prize award. If guest is a minor in their state of residence, minor’s parent or legal guardian must complete and return all releases on behalf of minor. If winner elects to travel or participate in the prize with fewer than one guest, no additional compensation will be awarded. If winner elects to travel or participate in the prize with more than one guest, such additional persons shall be responsible for any and all costs associated with such travel. Winner and any applicable guests are also responsible for obtaining travel insurance and all other forms of insurance at their option, and hereby acknowledge that Sponsor has not obtained and will not obtain or provide travel insurance or any other form of insurance. Winner and any applicable guests must comply with all resort check-in policies and requirements, including, but not limited to, the presentation of a payment card. SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS OR SUBSTITUTIONS OR ANY ACT OR OMISSIONS WHATSOEVER BY ANY TRANSPORTATION COMPANIES, LODGING AND/OR OTHER HOSPITALITY PROVIDERS, OR ANY SIMILAR THIRD PARTIES PROVIDING SERVICES TO WINNER, INCLUDING ANY RESULTS (INCLUDING BUT NOT LIMITED TO COSTS OR INJURIES) THEREOF, SUCH AS CHANGES IN SERVICES OR ACCOMMODATIONS NECESSITATED BY SAME.

In the event winner and/or any applicable guests engage in behavior during prize participation that, as determined by Sponsor, is obnoxious or threatening or illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the prize early and send winner and any applicable guests home with no further obligations or compensation whatsoever to winner and/or any applicable guests, which may, in Sponsor’s discretion, result in such winner’s disqualification from the Sweepstakes and forfeiture of any part of the prize. In the event winner or any applicable guest engage in behavior during travel that, as determined by Sponsor, is illegal, tortious, or subjects winner or guest to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments, or other costs or expenses of any kind whatsoever incurred by winner or guest as a result of such conduct.

SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY ASPECT OF PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE BY ANY INDIVIDUAL.

7. PUBLICITY RELEASE: Subject to applicable law, winner irrevocably grants the Sponsor 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, state of residency, and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any compensation, obligation, notice or consideration except for the awarding of the prize to the winner.

8. PRIVACY STATEMENT: Personal information will be utilized by the Sponsor for fulfillment of prizes and to comply with legal requirements. To review Sponsor’s privacy policy, go to http://www.ellenshop.com/privacy. To review Sponsor’s terms of use, go to https://www.ellenshop.com/pages/terms-and-conditions. By entering this Sweepstakes, entrant accept and agree to abide by these privacy policies and terms of use. 

9. TAMPERING WITH SWEEPSTAKES: The Sponsor 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 who Sponsor believes to be causing malfunction, error, disruption, or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the 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, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its 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.

10. SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, pandemic, widespread illness, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes, without liability, should causes beyond Sponsor’s control (including, but not limited to, tampering or computer virus infection) corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.

11. RELEASE, HOLD HARMLESS AND INDEMNIFICATION: By participating in the Sweepstakes, entrant (or entrant’s parent if entrant is under the age of majority in their state/jurisdiction of residence) agrees to release, discharge, indemnify and hold harmless the Sponsor Entities, Meta Platforms, Inc. (including Facebook, Instagram and Threads), X Corp., TikTok, Inc., their parent companies and each of their respective directors, officers, employees, agents, successors and assigns (“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) entrants’ participation in the Sweepstakes (including travel to/from any Sweepstakes activity); (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 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, entrants agree 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. Entrants (or entrant’s parent if entrant is under the age of majority in their state/jurisdiction of residence) agree 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 network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor 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 participant’s (or any third person’s) computer 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. Each entrant (or entrant’s parent if entrant is under the age of majority in their state/jurisdiction of residence) further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. The Released Parties are not responsible for any changes or unavailability of 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 Sponsor’s ability to use the social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. By entering, ALL participants IN THE SWEEPSTAKES, participant’s HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS release and agree to defend, indemnify and hold harmless the SPONSOR AND ALL SPONSOR ENTITIES 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 CONTEST 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 SPONSOR AND/OR THE SPONSOR ENTITIES.

12. ENTRY INFORMATION AND SWEEPSTAKES COMMUNICATIONS: As a condition of entering the Sweepstakes, each entrant (or entrant’s parent if entrant is under the age of majority in their state/jurisdiction of residence) gives consent for Sponsor to obtain and deliver his or her name, address, email, and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.

13. GOVERNING LAW / LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

BY ENTERING THE SWEEPSTAKES, ENTRANT (OR ENTRANT’S PARENT IF ENTRANT IS UNDER THE AGE OF MAJORITY IN THEIR STATE/JURISDICTION OF RESIDENCE) 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; AND (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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

14. DISPUTE RESOLUTION: Entrants (or entrant’s parent if entrant is under the age of majority in their state/jurisdiction of residence) and Sponsor 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”), available at https://www.jamsadr.com/rules-streamlined-arbitration/#:~:text=(a)%20The%20JAMS%20Streamlined%20Arbitration,%24250%2C000%2C%20not%20including%20interest%20or, 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.

15. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

16. WINNER’S LIST AND PRIZING INFORMATION: Please email giveaways@good.fun for further information and details about the prizing associated with a specific Entry Period and/or the Sweepstakes Promotion generally. For the name of the winner of this Entry Period and/or a Winner’s List for this Sweepstakes Promotion, email giveaways@good.fun within six (6) months of the end of the Sweepstakes Period. Please indicate which Sweepstakes winner’s list and/or prizing information you are requesting by referencing the dates of the Entry Period or indicate “Sweepstakes Promotion” in your request.

17. SPONSOR: Ellen Social Club, LLC, 15821 Ventura Blvd. Ste. 370, Encino, CA 91436. 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 Sponsor or the Sweepstakes.

© 2024 Ellen Social Club, LLC. All rights reserved.