Ellen's 12 Days of Giveaways Grand Prize Contest 2024
Official Rules
Overview
Ellen's 12 Days of Giveaways Grand Prize Contest 2024 (the “Contest”), is sponsored by Ellen Social Club, LLC, 15821 Ventura Blvd., Ste. 370, Encino, CA 91436 (the “Sponsor”), and starts at 6:00 a.m. Pacific Time (“PT”) on Monday, November 25, 2024 and ends at 11:59 p.m. PT on Saturday, December 7, 2024 (the “Entry Period”). The Contest is open to and is intended for viewing from, or as applicable, participation in the contiguous United States only and shall only be construed and evaluated according to United States law.
Contest Official Rules
- NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. 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 CONTEST, 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 CONTEST ENTITIES FROM YOU, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THIS CONTEST 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.
Sponsor’s computer is the official timekeeping device for the Contest. Do not proceed in this Contest if you are not a legal resident of the contiguous United States, or if you are a legal resident of the continental United States but you do not fall within the eligibility requirements set forth in the Official Rules below.
1. ELIGIBILITY: The Contest is open only to legal residents of the contiguous United States and D.C. (“U.S.”) who, as of the start date of the Contest, 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). Residents of Alaska and Hawaii are not eligible to participate in this Contest. 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 Contest and/or win any Contest 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 Contest, “relatives” is defined as spouse, domestic partner, parent, in-laws, grandparent, brother, sister, children, and grandchildren.
2. HOW TO ENTER: During the Entry Period, go to https://www.ellenshop.com/day12 to enter the Contest. Entrants must follow the on-screen instructions to provide all required information during the Entry Period. In addition to name, email and phone number, you will be required to answer a short writing prompt sharing why you should win the grand prize giveaway. Acknowledge that you are eligible to enter and have read and have accepted these Official Rules. By completing and submitting the form, you will be entered with one (1) entry into the Contest.
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 of one (1) entry per person throughout the Entry Period, regardless of method of entry. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. 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 Contest 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. All materials submitted become the physical property of Sponsor and will not be returned.
Upon submission of an entry in this Contest, 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.
ALL entries:
- MUST be the entrant’s original idea (modification of an original work is not an original idea). Entries MUST NOT copy or otherwise plagiarize from any source.
- MUST NOT contain material which is (or promote activities which are) in Sponsor’s sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the entry is created in their application.
- MUST NOT contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Without limiting the foregoing, entry submissions must not include third-party trademarks, logos, insignia, location signage, photographs, artwork, or sculptures, except those of Sponsor.
- MUST NOT include mention or performance of any copyrighted media production including but not limited to books, articles, photographs, artwork, music, etc., or identifying descriptions of any media property. Entry submissions must not include commercial music.
- MUST NOT include third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized entrant to display their image or likeness in any submitted application or otherwise use such images or likenesses in accordance with these Official Rules. Entrant must be prepared to provide signed third party authorizations upon request.
By entering, each entrant warrants and represents that his/her entry is original, has not been previously published or won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances. Entrants further warrant and represent that they have secured the requisite consent from any third party referenced in their entries. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Contest.
In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry or social media account for the domain associated with the submitted address provided that person is eligible. Winner(s) may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Sponsor’s designated database clock will be the official timekeeper for this Contest. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. All entrants submitting materials/content as part of the Contest will be non-exclusively licensing (with the unlimited right to sublicense) to Contest Entities the right to use such materials, and the images related thereto (including entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof. Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations. Any entrant posting or submitting content with obscene or other inappropriate material may be disqualified by Sponsor, in its sole and absolute discretion. The Contest Entities may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
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.
3. SELECTION OF CONTEST WINNER: Within three (3) weeks of the end of the Entry Period, one (1) prize winner will be selected. All eligible entries will be judged by a panel of judges selected by Sponsor in Sponsor’s sole discretion. The winning entry will be determined, at the sole discretion of the judging panel, to be the entry which receives the highest score based 30% on creativity, 30% on originality, and 40% on the statement’s premise (ie. clarity of expression) in relation to the theme of the contest (ie. tell us why you deserve to win). The submission receiving the highest score by the judges will receive the Prize (as defined below, the “Prize”). In the event of a tie, the tied entries will be judged against each other and the potential winner will be the entrant whose entry is considered the most original as determined by the judges.
If a potential winner is found ineligible or fails to comply with these Official Rules, such entrant’s claim to the Prize is forfeited and an alternate qualifying and eligible entrant may be contacted, at Sponsor’s sole discretion.
Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Contest, 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, 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.
4. PRIZE: One (1) winner will receive eleven (11) prizes in total, consisting of one (1) from each partner from each day of Ellen’s 12 Days of Giveaways 2024. Total Approximate Retail Value of all eleven (11) prizes: $31,338.65. DAY 1 PRIZE: 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. DAY 2 PRIZE: One (1) 16” tall, 12-layer mattress with exclusive cooling cloud cover and targeted back support in the winner’s choice of size plus two (2) premium plush pillows and deluxe bedding from Puffy Mattress. Total Approximate Retail Value of the prize: $4,999. DAY 3 PRIZE: Two (2) one-year memberships and two (2) $500 gift cards from Evlo Fitness for the winner and a friend. Total Approximate Retail Value of the prize: $2,099. DAY 4 PRIZE: One (1) year of freshly made food for one (1) dog from The Farmer’s Dog. Total Approximate Retail Value of the prize: $4,999. DAY 5 PRIZE: One (1) Gozney Arc XL Pizza Oven in Bone, one (1) Gozney Arc XL Stand, one (1) Gozney Pro Placement Peel 14", one (1) Gozney Balance Turning Peel, one (1) Pizza Rocker (standard color), one (1) Gozney Pizza Volume 01, and three (3) bags of Gozney JAW dough mix (one of each type) from Gozney. Total Approximate Retail Value of the prize: $1,455.92. DAY 6 PRIZE: Winner’s choice of either one (1) Gabb Watch 3e or one (1) Gabb Phone 4 Pro as well as the coordinating accessories (Sports Band and Screen Protector for the Gabb Watch 3e or Slim Case and Screen Protector for the Gabb Phone 4 Pro), two (2) years of free service, and a $500 cash gift card from Gabb. Total Approximate Retail Value of the prize: $607.73 for Gabb Watch 3e or $1,089.73 for Gabb Phone 4 Pro. DAY 7 PRIZE: A collection of pet-safe candles and a $250 cash gift card from Companion Candles. Total Approximate Retail Value of the prize: $1,000. DAY 8 PRIZE: Four (4) days and three (3) nights for winner and one guest in deluxe accommodations, double occupancy at the Miraval Resort; $175 nightly resort credit each for winner and one guest for use towards spa services, private sessions, and activities; full access to available resort amenities and spa facilities; all meals, including snacks, smoothies and non-alcoholic beverages; a welcome gift of one (1) Miraval tote bag and reusable water bottle for winner and one guest; and complimentary shared shuttle transportation between the resort and the designated regional airport close to the resort. Total Approximate Retail Value of the prize: $4,999. DAY 9 PRIZE: One (1) whole-body scan from Prenuvo. Total Approximate Retail Value of the prize: $2,499. DAY 10 PRIZE: One (1) Apple 11-inch iPad Pro M4 chip Built for Apple Intelligence Wi-Fi 512GB with OLED, fifty thousand (50,000) gems (in-game currency for Ellen's Garden Restoration), and one (1) $500 gift card from Storm8. Total Approximate Retail Value of the prize: $2,199. DAY 11 PRIZE: One (1) $1,000 gift card from Oak and Luna. Total Approximate Retail Value of the prize: $1,000.
PRIZE RESTRICTIONS: The prize winner will be solely responsible for paying for any other fees or costs associated with the prize they receive. 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 the 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 Contest-related correspondence or material.
All meals, transportation and incidentals not described herein for travel prizes and incurred by prize winner and his/her guest will be the sole responsibility of the prize winner and/or his/her guest. Travel must be completed by a date determined at the discretion of Sponsor and brand partner. Travel is subject to availability and blackout dates. Winner and guest are responsible for obtaining all necessary travel documents. SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS OR SUBSTITUTIONS OR ANY ACT OR OMISSIONS WHATSOEVER BY ANY AIR CARRIER(S) OR OTHER TRANSPORTATION COMPANIES, LODGING AND/OR OTHER HOSPITALITY PROVIDERS, ENTERTAINMENT PROVIDERS OR SIMILAR THIRD PARTIES, OR ANY OTHER PERSONS PROVIDING ANY OF THESE SERVICES TO WINNERS, 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 guest 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 guest home with no further obligations or compensation whatsoever to winner and/or guest (which may, in Sponsor’s discretion, result in such winner’s disqualification from the Contest and forfeiture of any part of the prize. In the event winner or 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 TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF PRIZE WINNER’S OR GUEST’S ACCEPTANCE OF USE OF THE PRIZE.
5. 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 Contest, 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.
6. 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 Contest, entrant accepts and agrees to abide by these privacy policies and terms of use.
7. TAMPERING WITH CONTEST: The Sponsor Entities are not responsible for the actions of entrants in connection with the Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Contest. Persons found tampering with or abusing any aspect of this Contest, or who Sponsor believes to be causing malfunction, error, disruption, or damage may be disqualified. Additionally, any attempt to cheat the Contest, 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 contests. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST 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.
8. SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Contest 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 Contest 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 Contest or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest, 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 Contest; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an unsportsmanlike manner.
9. RELEASE, HOLD HARMLESS AND INDEMNIFICATION: By participating in the Contest, entrant 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 Contest (including travel to/from any Contest 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 Contest 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 Contest 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 Contest; 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 Contest 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 Contest that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Contest 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 Contest. By entering, ALL participants IN THE CONTEST, 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.
10. ENTRY INFORMATION AND CONTEST COMMUNICATIONS: As a condition of entering the Contest, 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 Contest 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 Contest or on a Contest winner’s list.
11. 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 Contest 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 CONTEST, 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 CONTEST, 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.
12. 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 Contest 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.
13. 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 Contest-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.
14. WINNER’S LIST AND PRIZING INFORMATION: Please email giveaways@good.fun for further information and details about the prize and/or the Contest Promotion generally. For the name of the winner of this Contest, email giveaways@good.fun within six (6) months of the end of the Contest Period. Please indicate which Contest winner’s list and/or prizing information you are requesting by referencing the dates of the Entry Period or indicate “Contest” in your request.
15. 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 Contest.
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