TVCO Contest - Official Rules
Last Updated: June 24, 2019
The following are the General Official Rules (“Official Rules”) for TVCO contests and other promotional initiatives (“Contest”), which are sponsored and administered by Some Whatever LLC (“Sponsor”). To the extent social media channels, including Snapchat, YouTube, Instagram, Twitter and Facebook (“Social Media Channels”), have their own promotion rules, those rules will be in addition to these Official Rules. These Official Rules are also in addition to any additional rules, terms, and conditions associated with a specific contest ("Individual Contest Rules"). In the event there is a conflict between these Official Rules and any Individual Contest Rules), those Individual Contest Rules will control.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THE CONTEST.
Subject to these Official Rules, the Contest is open only to legal residents of the 50 United States and the District of Columbia who are of legal age in the jurisdiction of their residence as of the date of entry. Employees of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Contest, and their immediate family members or household members are not eligible to participate in or win the Contest. The Contest is void where prohibited or where the methods of entry set forth below would be deemed consideration. All applicable federal, state and local laws apply.
2. Social Media Channels
This Contest is in no way sponsored, endorsed or administered by, or associated with the Social Media Channels. Entrants understand that they are providing their information to Sponsor and not to the Social Media Channels. The Social Media Channels are completely released of all liability by each entrant in this Contest. Any questions, comments, or complaints regarding this Contest must be directed to Sponsor and not to the Social Media Channels.
3. Contest Period
The Contest will run for a limited amount of time (“Contest Period”). You may enter the Contest any time during the Contest Period.
4. How To Enter
No purchase or payment is necessary to participate in the Contest. Enter the Contest by visiting the Contest website at https://www.tvco.app/contest (or such other website as provided for in the promotional materials for the Contest) and completing each of the steps outlined therein.
Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts. Entries generated by script or other automated means will not be counted.
The prize for each Contest will be advertised in any promotional opportunities for the specific contest. The Sponsor is not responsible for, and each winner will not receive, the difference, if any, between the actual value of the respective prizes and the stated total approximate retail value ("ARV") in these Official Rules. The winner will be responsible and liable for all federal, state and local taxes on the value of the prize.
Decisions of the Sponsor are final and binding with respect to all matters related to the Contest. The prize is not assignable and not transferable and no substitutions are permitted. In addition, if the prize is unable to be fulfilled because of applicable law, rule or regulation, or due to any matter beyond Sponsor’s reasonable control, or if a winner is not eligible to win the prize or fails to claim the prize timely for any reason, Sponsor reserves the right to not award the prize.
Each winner may be required to complete, execute, and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms”) as well as a W-9 tax or E-8 tax (where applicable) form upon notification of winning. Failure to return Release Forms timely, or if a winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate winner selected in accordance with these Official Rules.
6. Prize Selection
The Contest will be conducted by or under the supervision of the Sponsor whose decisions are final and binding in all matters relating to this Contest. The winner must accept the prize within 3 days after the date Sponsor announces the winner. Failure to accept a prize within 3 days will result in winner’s forfeiture of the prize and Sponsor may, at its option and sole discretion, choose not to award the prize at all. If an entrant is determined to be ineligible, Sponsor may, at its option and sole discretion, choose not to award the prize at all.
7. Improper Conduct
Sponsor, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Content, and refuse to award a Prize, if entrant engages in any conduct Sponsor deems to be improper, unfair, or otherwise adverse to the operation of the Contest or detrimental to other entrants of the Contest. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or Prize claim, violating any term or condition stated herein, accumulating entries through entering multiple entry forms per drawing, allowing others to use entrant's personal information for the purpose of accumulating entries, intentionally trying to defraud, disassemble or otherwise tamper with the Contest, or engaging in any conduct detrimental to the integrity of the Contest.
8. General Conditions and Releases
By entering the Contest, you agree that all video entries become the intellectual property of the Sponsor and may be displayed on the Sponsor’s website, social media accounts, or in publications. Sponsor reserves the right to publish or broadcast all video entries. By entering the Contest, you agree to allow Sponsor to promote or publicize your video entry in any manner, without limitation, and without further compensation. You also agree to indemnify Sponsor, including for legal costs, against challenges to the ownership, use of, or rights to material in your video.
By entering the Contest or accepting a prize, you agree to conform to all federal, state and local laws and regulations. The winner will be required to execute and return (and winning is conditioned upon a winner executing and returning) to Sponsor, within three (3) business days, an Affidavit of Eligibility and a Liability and Publicity Release in a form prepared and provided by Sponsor. The winner may be required, in Sponsor’s sole discretion, to complete relevant tax forms as a condition to the delivery of the applicable prize. Winners may also be required to furnish proof of identity, address and date of birth in order to receive a prize.
Unless prohibited by applicable law, acceptance of a prize constitutes permission to use winner’s name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation or any review or approval rights, notifications, or permissions; and constitutes consent to disclose winner’s personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list). Notwithstanding any applicable rights of publicity, privacy or otherwise (whether or not statutory), acceptance of a prize constitutes authorization to (i) have Sponsor (and its agents and employees) photograph, record, tape, film and otherwise visually and audiovisually record winner, and use, reproduce, disseminate, alter, edit, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity or derivatives or extensions thereof in any manner that Sponsor sees fit, in any medium or technology known or hereinafter invented, throughout the world in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and winner relinquishes any right that winner may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
An entrant or winner may be disqualified from the Contest if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Participation in the Contest is at entrant’s own risk. Sponsor will not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, misdirected, damaged or otherwise not received by the Sponsor in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the tvParty app or otherwise in connection with this Contest; or (5) any warranty with respect to any prize or any component thereof. THE CONTEST IS PROVIDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTEST.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR WILL NOT BE LIABLE OR OBLIGATED UNDER NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE FOR THE APPLICABLE CONTEST, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SPONSOR’S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, WITH RESPECT TO ANY PORTION OF THE PRIZE DEPENDENT ON THIRD PARTIES.
Entering the Contest, you agree to and hereby release and hold harmless Sponsor, its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the “Released Parties”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any prize or your participation in this Contest (including any travel or activity related thereto), or from any misuse or malfunction of any prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter, and indemnify each of the Released Parties from any damages arising therefrom. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way and at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of the Contest. In the event of cancellation or suspension, Sponsor will promptly post a notice on the Contest App to such effect. This Contest will be governed by the laws of the State of New York, without regard to conflicts of laws provisions. By participating in this Contest, you agree that any dispute or litigation arising from or relating to this Contest will be determined by binding arbitration only in New York, NY, by and under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor will have a right to equitable relief in any court of competent jurisdiction. If any provision of these rules is held to be illegal or unenforceable, such provision will be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.
The Sponsor of this Contest is Some Whatever LLC, located at 1333a North Avenue #210, New Rochelle, NY 10804. Except as limited by law, the names of the winners will be available upon request, at no charge, by contacting Some Whatever LLC at [email protected] or by sending a self-addressed stamped envelope to Some Whatever LLC at the address above.