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Ellen's Cash Grab: Official Rules

OFFICIAL RULES

•  NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

•  VOID WHERE PROHIBITED BY LAW. 

•  AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. 

•  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 PART ICIPATING IN) THE PROMOTION, ENTRANTS (AND A MINOR ENTRANT’S PARENT OR LEGAL GUARDIAN ON MINOR’S BEHALF) AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PROMOTION ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

  1. ELIGIBILITY:  The “Ellen’s Cash Grab Promotion” (“Promotion"), sponsored by Warner Bros., WTVJ and Brandsmart USA (collectively referred to as “Sponsor”),  is open to individuals who meet the following criteria: (a) are eighteen (18) years of age or older and (b) are a legal resident of and physically residing in one of the 50 United States or the District of Columbia (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever prohibited by law). Neither Sponsor nor employees of Sponsor, “The Ellen DeGeneres Show”, Warner Media, Warner Bros. Entertainment, Telepictures Productions Inc., NBC6, Miami-Ft. Lauderdale, Telemundo 51, Brandsmart USA and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the "Promotion Entities”) are eligible to participate in the Promotion and/or win a Prize (as defined below).  Additionally, immediate family members 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 Promotion, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses. Void where prohibited by law.  By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
  2. HOW TO PLAY: Starting Sunday, March 31, 2019, at 12pm thru and until Sunday, March 31, 2019 at 4:30pm visit the NBC6/Telemundo 51 Ellen Cash Grab booth in the “TV Town” area of the Grand Family Expo at Sawgrass Mills in Sunrise, FL.  One (1) entry per person per day.
  3. SELECTION OF WINNERS: Commencing at 12:30pm and each sixty (60) minute period thereafter one (1) winner will be randomly selected to play “Ellen’s Cash Grab” from all eligible entries received. The potential winner will be notified via text message and must respond/confirm within five (5) minutes then be present at the Cash Grab booth within (10) minutes or the prize may be forfeited. If the potential winner, cannot be reached, fails to respond to the notification, or declines the Prize, an alternate winner may be selected in Sponsor’s sole discretion. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Promotion, and of selection of the winner(s).  Decisions of the Sponsor as to the selection of the winner(s) will be final.  The potential winner(s) will be notified using the information provided during entry. The Promotion Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information.  Entries will be collected from 12:00pm to 4:30pm on Sunday 03/31/19. One entry, per person, per the entirety of the event.
  4. ODDS: Odds of winning will depend upon the total number of entries received.
  5. PRIZE:  Each Prize Winner will receive one (1) chance to play “Ellen’s Cash Grab” (“Game”) at the Grand Family Expo.  During the Game, Prize Winner will have thirty (30) seconds to collect as many “Ellen Bucks” as possible. 
  • If Prize Winner collects 1 to 10 Ellen Bucks Prize Winner will receive a Fifty Dollar ($50) Cash Gift Card and an Ellen Water Bottle.
  • If Prize Winner collects 11 or more Ellen Bucks you will receive a One Hundred Dollars ($100) Cash Gift Card, plus a One Hundred Dollar ($100) Brandsmart Gift Card and an Ellen Water Bottle.

In addition to the prize above, at the end of the one-day period the person with the most “Ellen Bucks” wins $1000 dollars and a 3-day, 2-night trip for two including airfare and hotel to The Ellen DeGeneres Show in Los Angeles, California. Winner and their guest must complete grand prize travel by May 15, 2019.  The winner will also receive a Hi Sense 65” 4K Smart TV or equivalent model.  In the event of a tie for the most “Ellen Bucks” grabbed, the grand prize winner will be determined by a coin flip between only those participants.

The Total Estimated Retail Value (“ERV”) of Grand Prize is two thousand five hundred and forty nine dollars ($2,549). The ERV of each Second Prize is two hundred dollars ($200). The total ERV of all Second Prizes is one thousand dollars ($1,000). The total ERV of all Prizes awarded is three thousand five hundred and forty nine dollars ($3,549). Actual retail value (“ARV”) of Prizes may vary based on, among other things, availability, existing rates at time of booking and dates of travel. Any difference between ARV and ERV will not be awarded. For any Prize with an ARV of six hundred dollars ($600) or more, Sponsors will furnish an Internal Revenue Service Form 1099 to Winners for the ARV of Prize for the tax year in which Prize was awarded. Winners must present an ID that is valid in the United States and be able to pick up the prizes in person, unless otherwise indicated.

Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize(s).  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. The prize specifically excludes tickets to “Ellen’s 12 days of Christmas” and Mother’s Day tapings and subject to other blackout dates as determined by The Ellen DeGeneres Show. The winner must attend the Ellen taping prior to May 15, 2019.

  1. PUBLICITY RELEASE:  Subject to applicable law, winner(s) irrevocably grant the Promotion 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(s) to the winner(s).
  2. SUSPENSION / MODIFICATION / TERMINATION:  In the event Sponsor is prevented from continuing with the Promotion by any event beyond its control, including, but not limited to, fire, flood, epidemic, 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 Promotion, 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 Promotion; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
  3. RELEASE, HOLD HARMLESS AND INDEMNIFICATION:

BY PARTICIPATING IN THE PROMOTION, 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 SWEEPSTAKES ENTITIES 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 PROMOTION 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 PROMOTION 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 PROMOTION 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 PROMOTION; 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 PROMOTION 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 PROMOTION 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 PROMOTION.  IF ENTRANT IS AN ELIGIBLE MINOR, HIS/HER PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE OFFICIAL RULES, INCLUDING, WITHOUT LIMITATION, THIS SECTION.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 CONTEST 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 CONTEST ENTITIES. 

  1. ENTRY INFORMATION AND PROMOTION COMMUNICATIONS:  As  a condition of entering the Promotion, each entrant 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 Promotion or on a Promotion winner’s list.

10.  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 Promotion 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 PROMOTION, 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 PROMOTION, 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; (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; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 

11.  DISPUTE RESOLUTION:  Entrants (or entrant’s parent if entrant is under the age of majority in their state/jurisdiction of residence), Sponsor, and the Released Parties (each, a “Party” and collectively the “Parties”) 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 Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) 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.

12.  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 Promotion-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.

WINNER’S LIST:

For the names of the winners, send a self-addressed, stamped envelope to:

Telepictures Productions Inc.

c/o DAWN Syndicated Productions, Inc.

3500 West Olive, Suite 1000

Burbank, CA 91505 

Please indicate which Sweepstakes/Promotion winners list you are requesting by referencing the name of the Sweepstakes/Promotion and date in your request.

SPONSOR:  Warner Bros. 3500 West Olive, Suite 1000, Burbank, CA 91505. 

            © 2019 Telepictures Productions Inc.  All rights reserved.

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