FLIP OR FLOP
Summer Block Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING ARE DEPENDENT UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT WILL BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH TWITTER, INC., META PLATFORMS, INC., FACEBOOK, INC., INSTAGRAM, INC., GOOGLE, LLC., OR APPLE, INC.
The entry period for FLIP OR FLOP “SUMMER BLOCK” Sweepstakes (“Sweepstakes”), sponsored by Warner Bros. Domestic Television Distribution (“Sponsor”), begins Monday, July 10, 2023, at 6:00:00 a.m. Pacific Time (“PT”) and ends at 5:59:59 a.m. PT on Saturday, August 5, 2023 (the “Sweepstakes Period”). Any attempted form of entry into the Sweepstakes other than as described herein is void.
The Sweepstakes is open only to individuals who meet the following criteria at the time and date of entry and through award of the prizes: (a) are eighteen (18) years of age (or age of majority in their jurisdiction of residence, if over 18) or older, who (only applicable if using text method of entry) have a registered wireless account with Short Message Services (“SMS”) capability and/or wireless internet service, (b) are a citizen or legal resident of the United States, and (c) is a resident of and physically residing in the Designated Market Area of New Orleans, LA, Spokane, WA, Denver, CO, or Memphis, TN. The Designated Market Area for each of the four (4) aforementioned cities shall be as defined by Nielsen as of the commencement of this Sweepstakes (“DMA”). This Sweepstakes is void outside of the DMA of each of New Orleans, LA, Spokane, WA, Denver, CO, and Memphis, TN, and wherever restricted or prohibited by law or these Official Rules. (Any person who attempts to participate in this Sweepstakes, regardless of whether they satisfy the above eligibility requirements and/or ultimately enter the Sweepstakes successfully, is referred to in these Official Rules as an “Entrant”).
Sponsor, “FLIP OR FLOP” (including all entities involved in the production and/or promotion of “FLIP OR FLOP” and their advertising agencies), any broadcaster airing “FLIP OR FLOP” in syndication, Discovery, Inc., HGTV, Warner Bros. Television, Warner Bros. Entertainment Inc., any other party participating in the design, operation, promotion, or fulfillment of this Sweepstakes, 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 “Sweepstakes Entities”) are not eligible to participate in the Sweepstakes and/or win a Prize (as defined below). Additionally, immediate family members of any such ineligible person and persons living in the same household as any such ineligible person (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses, and “persons living in the same household” shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
By entering this Sweepstakes, Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
HOW TO ENTER:
You may enter via SMS or online. (Entrants initiating the entry process via SMS must then complete an online entry form to finish submitting their entry.) Upon submission of an entry, Entrant will be prompted with an opportunity via a pop-up notice to obtain bonus entries to the Sweepstakes. Please refer to “Sweepstakes Share Bonus Entry” as described below for information and restrictions.
Entries received before and/or after the Sweepstakes Period will be void. All entries become the sole property of Sponsor and will not be acknowledged or returned.
Sponsor’s computer will serve as the official timepiece for the Sweepstakes.
1. Online Entry:
If the Entrant meets the eligibility criteria set forth above, to enter online, Entrant may enter the Sweepstakes by going to the website located at https://WBDwin.com during the Sweepstakes Period and following the steps below:
2. SMS Text Entry:
If the Entrant meets the eligibility criteria set forth above, Entrant may also enter the Sweepstakes by completing the following steps:
By entering via text message, Entrant certifies that Entrant satisfies the eligibility requirements (see above) and is the wireless account holder or has the account holder’s permission. Up to four (4) text messages are typically delivered per text entry. In addition to any entry or submission, Entrant’s carrier’s message and data rates may apply. Sponsor will not be liable for any delays in the receipt of any text messages as delivery is subject to effective transmission from Entrant’s network provider. Text messages are provided on an “as-is” basis. Data obtained by Sponsor in connection with text message entries may include Entrant’s Personal Information, wireless carrier’s name, and the date, time and content of the message. Such information may be used by Sponsor to contact Entrant.
Entrant’s entry (or entries) must be received by Sponsor between 6:00:00 a.m. PT on Monday, July 10, 2023, and 5:59:59 a.m. PT on Saturday, August 5, 2023. Each Word of the Day is valid until 5:59:59 a.m. PT on the Broadcast Day on which the Word of the Day appears in a broadcast of a syndication episode of the Show, after which time the Word of the Day is reset.
It is the sole responsibility of the Entrant to notify Sponsor in writing of any changes to Personal Information, including email addresses, by mailing such notice (for receipt during the Sweepstakes Period) to: FLIP OR FLOP “SUMMER BLOCK” Sweepstakes, c/o Warner Bros. Domestic Distribution, 4000 Warner Blvd, Burbank, CA 91522. All entries and related correspondence become property of Sponsor and will not be returned.
PRIZEWINNER SELECTION PROCESS:
There will be four (4) Grand Prizewinners, and twenty (20) Daily Prizewinners selected in this Sweepstakes.
The Grand Prizewinners must reside in one of the following DMAs to be eligible for the Sweepstakes: New Orleans, LA, Spokane, WA, Denver, CO, Memphis, TN. Each Grand Prizewinner and Daily Prizewinner is individually referred to herein as a “Prizewinner” and collectively as “Prizewinners”. Each Grand Prize and Daily Prize is referenced hereinafter as “Prize” and collectively as “Prizes.”
All potential Prizewinners will be selected through a random drawing on or about August 9, 2023 from all eligible entries received for that specific drawing in accordance with these Official Rules. The Grand Prizewinners will be selected through a random drawing from among all eligible entries received for each DMA drawing during the Sweepstakes Period. The Daily Prizewinners will be selected through a random Daily Prize drawing from among all eligible entries received in the DMAs of New Orleans, LA, Spokane, WA, Denver, CO, and Memphis, TN for the applicable Broadcast Day during the Sweepstakes Period, excluding those entries that have been selected for the Grand Prize. Sponsor will have complete discretion over interpretation of the Official Rules, administration of the Sweepstakes, and selection of the prizewinners. Decisions of the Sponsor as to the selection of the prizewinners will be final. Entrant shall be awarded a maximum of one (1) Prize regardless of the number of eligible entries submitted by Entrant.
If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, that individual’s claim to a Prize is forfeited and an alternate qualifying and eligible Entrant may be contacted at Sponsor’s sole discretion. Sponsor reserves the right to conduct a background check on any Prizewinner as a condition of awarding a Prize.
All Prizes legitimately claimed will be awarded.
· One (1) Grand Prizewinner per DMA will receive the following:
o A Two Thousand Five Hundred Dollar ($2,500.00) American Express gift card (terms and conditions of the American Express gift card will apply)
o DMAs: New Orleans, LA, Spokane, WA, Denver, CO, Memphis, TN
Approximate Retail Value (“ARV”) of each Grand Prize: Two Thousand Five Hundred Dollars (US $2,500). Total ARV of all Grand Prizes: Ten Thousand Dollars (US $10,000.00).
· Twenty (20) Daily Prizewinners (each a “Daily Prize Winner”) will each receive:
o A Two Hundred Fifty Dollar ($250) gift card or cash or cash equivalent (as determined by Sponsor in Sponsor’s sole discretion)
AVR of each Daily Prize: Two Hundred Fifty Dollars (US $250.00). Total ARV of all Daily Prizes: Five Thousand Dollars (US $5,000.00).
TOTAL ARV OF ALL PRIZES: Fifteen Thousand Dollars (US $15,000.00).
Limit one (1) Prize per person and per household in the entirety of this Sweepstakes.
All Prizewinners will be required to review and execute further contracts and releases provided by Sponsor to receive the applicable Prize. (See the “Prizewinner Notification” section below for details.) All terms and conditions of the Sponsor Affidavit (defined below) or other prize-acceptance documentation, as well as any other rules, regulations and guidelines of Sponsor shall be applicable to the Prize.
Each potential Prizewinner will be notified using the Personal Information provided during entry by any of email, telephone, mail, text message, a post on the potentially winning entry, or through a direct message on a social media platform (if applicable) (method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after the drawing. The potential Prizewinner must respond within twenty-four (24) hours of notification, and in accordance with the instructions in the notification, or the Prize may, in Sponsor’s sole discretion, be forfeited. The Sweepstakes 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, text, direct message on a social media platform, and/or placing of a phone call, one (1) day after sending via a delivery service, or two (2) days after mailing. A potential Prizewinner who provides a P.O. Box may be required to provide an alternative physical address and this may cause a delay in notification and acceptance, so use of a P.O. Box is discouraged. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, insufficient space in Entrant’s email or voicemail inbox to receive messages, or any limitations associated with receipt or delivery of text messages or direct messages.
Each potential Prizewinner 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 their Prize. In addition, for any prize with a value of $600 or more, or in the event the potential Prizewinner has been awarded prizes in other promotions operated by Sponsor for which this prize will cause the total value of all prizes received in a calendar year from the Sponsor to be $600 or more, the potential Prizewinner shall be required to return a completed IRS Form W-9 to the Sponsor prior to Sponsor’s delivery of the prize (the “W9”). All Prize claims, including any required Affidavit, are subject to verification by Sponsor. If any potential Prizewinner fails or refuses to sign and return such Affidavit and W9 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 Prizewinner, such potential Prizewinner may be disqualified and an alternate Prizewinner may be selected. Non-compliance shall result in disqualification. If any potential Prizewinner is found to be ineligible, or if they have not complied with these Official Rules and all other additional or supplemental rules or instructions, or declines a Prize for any reason prior to award, such potential Prizewinner may be disqualified and an alternate potential Prizewinner may be selected. If, for any reason, more bona fide Prizewinners 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 Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Prizewinner.
ADDITIONAL PRIZE INFORMATION:
Sponsor reserves the right to conduct a background check on the potential Prizewinner and each potential Prizewinner agrees to execute any additional documentation necessary for and to cooperate fully in any such background check conducted by or on behalf of Sponsor.
Sponsor will not replace any lost or stolen cash, cash equivalent, gift cards, or other forms of prize distributed. In the event of such a loss, Sponsor shall have the right, in Sponsor’s sole discretion, to disqualify the Prizewinner or to award to that Prizewinner the remaining elements of the Prize which shall constitute full satisfaction of Sponsor’s prize obligation to the Prizewinner and no additional compensation will be awarded.
Terms and conditions of any gift card awarded apply. Any taxes (federal, state, and local) and all other costs and expenses associated with Prize acceptance or use and not specified in these Official Rules as being part of a Prize will be the sole responsibility of the Prizewinner. Any Prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute any Prize or any portion thereof with another Prize or Prize component of equal or greater value for any reason, including unavailability of the stated Prize. Entrants waive the right to assert, as a cost of winning any Prize, any and all costs of verification and any liability and publicity which might arise from claiming or seeking to claim said Prize.
If Prizewinner does not accept the entire Prize, the unaccepted Prize (or part of the Prize) will be forfeited and Sponsor will have no further obligation with respect to that Prize or any portion of that Prize. Sponsor will have no liability for a potential Prizewinner’s failure or inability to accept a Prize for any reason. Any failure to use a Prize after acceptance does not relieve the Prizewinner of their tax obligations associated with winning the Prize. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Prizewinner is strictly prohibited from selling, auctioning, trading or otherwise transferring the opportunity to receive the Prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. Prizes will only be shipped or otherwise provided to the verified Prizewinner’s address in the DMA of New Orleans, LA, Spokane, WA, Denver, CO, or Memphis, TN (unless Sponsor agrees otherwise in its sole discretion).
OWNERSHIP AND LICENSE:
All Sweepstakes related materials, including submission entries (“Submission”) becomes the property of Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of Entrant, but entry into this Sweepstakes constitutes Entrant’s irrevocable and perpetual permission and consent, without further compensation, right to review, or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, make derivative works of, or display such Submission for any purpose, including, but not limited to, editorial, advertising, trade, commercial, and publicity purposes by Sponsor and/or others authorized by Sponsor, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission. Sponsor and/or others authorized by Sponsor shall have the right to use, distribute, perform, display, print, publish, transmit, make derivative works of, edit, adapt, and modify the Submission. All Entrants submitting materials/content as part of the Sweepstakes will be non-exclusively licensing (with the unlimited right to sublicense) to Sweepstakes Entities the right to use Entrant’s name, social media account username and likeness, for any purpose (including any and all commercial purposes). Entrant represents and warrants 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.
Any use of any of the Sweepstakes Entities trademarks or copyright interest for any purpose not authorized by Sweepstakes Entities is strictly prohibited and may subject Entrant to civil and/or criminal liability.
Subject to applicable law, each Entrant irrevocably grants the Sweepstakes 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, social-media username, biographical material, any content included in an entry, and any other personal attribute or identifier for advertising, promotional and/or publicity purposes, in all forms of media and by all manners (now and hereafter known), worldwide, in perpetuity, without any compensation, obligation, notice or consideration except for the awarding of the Prize(s) to the Prizewinners.
ALL PRIZES ARE PROVIDED “AS IS” AND “with all faults.” sweepstakes ENTITIES make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any prize, or any portion thereof, including, without limitation, its quality, merchantability or fitness for a particular purpose. Any and all warranties for a prize, or any portion thereof – IF ANY – are contained in the manufacturers’ or service providers’ warranties, as relevant.
All trademarks are the property of their respective owners. The use of certain companies’ products and services as Prizes does not imply participation in, approval of, or endorsement of this Sweepstakes by such companies.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION:
By entering, ALL ENTRANTS IN THE SWEEPSTAKES, ENTRANT’s HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS release and agree to defend, indemnify and hold harmless ALL sweepstakes ENTITIES, TWITTER, META, FACEBOOK, INSTAGRAM, APPLE, GOOGLE, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (THE “RELEASED PARTIES”) 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 sweepstakes 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 ANY OTHER RELEASED PARTY.
By participating in the Sweepstakes, Entrant agrees to release, discharge, indemnify, and hold harmless the 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) Entrant’s 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); (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, Entrant agrees 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. Entrant agrees 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 or data network, computer online system, computer dating mechanism, computer equipment, software, social media platform, 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 Entrant’s (or any third person’s) computer or mobile device 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. The Released Parties are not responsible for any changes or unavailability of the wireless carrier, internet service provider, or 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 website, SMS text service, or 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 website, SMS text service, or social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
The Sweepstakes Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, stolen entries or entries otherwise not in compliance with these Official Rules. In addition, Sweepstakes Entities are not responsible for any typographical errors in these Official Rules, Sweepstakes content or any advertising materials for the Sweepstakes, or for any kind of computer, electronic, hardware, software, Internet, network, data, technical or telephone failures and/or problems caused by the Sponsor and/or the other Sweepstakes Entities or the user, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Sweepstakes, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way, or prevented, including, without limitation, because of any kind of ransomware, cyber-attack, computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure, or any other cause created by Sponsor and/or the other Sweepstakes Entities, any user or Entrant or a third party, or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend, or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend, or withdraw any method of entry, without notice, and select Prizewinners from all valid entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal (if any) or to otherwise award any Prize(s) as deemed fair and appropriate by Sponsor in its sole discretion. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God or public enemy; an act or threat of terrorism, war (declared or undeclared), riot or civil commotion, fire, flood, natural or man-made epidemic/pandemic of health or other means, earthquake, explosion, riot or civil disturbance, public health crisis (e.g. COVID-19, SARS, Ebola, Measles), casualties, satellite or equipment failure, boycott, labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order, guidance, or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order, guidance, or request proves to be invalid); ransomware or cyber-attack; order of any court or jurisdiction; or any other cause not reasonably within Sponsor’s control.
GENERAL CONDITIONS OF ENTRY:
All Entrants, as a condition of entry, agree that they have not been required to purchase any kind of Internet, wireless, or data service whatsoever in order to participate in and/or enter the Sweepstakes. The Sweepstakes 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 whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined in the sole and absolute discretion of Sponsor, may result in immediate disqualification of 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, in 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.
Entrant further understands and agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release(s) are hereby expressly and forever waived. Entrant acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY THEM, WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
The parties agree that the Sweepstakes and these Official Rules will be governed, construed, and interpreted under the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of California.
Entrant, Sponsor, and the other Released Parties (each, a “Party” and collectively the “Parties”) each agree to fully and finally settle all disputes pertaining to the Sweepstakes, administration of the Sweepstakes, and/or these Official Rules only through binding arbitration; provided, however, 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 are 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”) 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 or – where required by the arbitration service’s rules – in or near your home town. 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.
LIMITATION OF LIABILITY:
BY ENTERING THE SWEEPSTAKES, ENTRANT 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; (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, PROVIDED HOWEVER THAT NOTHING IN THESE OFFICIAL RULES WILL RESTRICT A CALIFORNIA RESIDENT’S RIGHT (IF ANY) TO PURSUE PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW IN ACCORDANCE WITH THE DISPUTE-RESOLUTION PROVISION ABOVE.
To receive the Prizewinners’ list, send a stamped self-addressed envelope to: “Sweepstakes Winners’ List”, Warner Bros. Domestic Television Distribution, 4000 Warner Blvd., Second Century Building 1, Burbank, CA 91522 (Attn: Content Sales Marketing) within sixty (60) days of expiration of the Sweepstakes Period. Please indicate which Sweepstakes winners’ list you are requesting by referencing the name of the Sweepstakes in your request.
For a copy of the Official Rules, go to http://www.wbdwin.com/during the Sweepstakes Period.
This Sweepstakes is sponsored by Warner Bros. Domestic Television Distribution, 4000 Warner Blvd., Second Century Building 1, Burbank, CA 91522.
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.
Warner Bros. and its logos are trademarks of Warner Bros. Entertainment, Inc.; and “FLIP OR FLOP” and its logos are trademarks of Scripps Network, LLC. and are used with permission. All trademarks, service marks, logos, products, or service names are the property of their respective owners. All Rights Reserved. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Apple, Inc., Google, LLC, Alphabet, Inc., Twitter, Inc., Meta Platforms, Inc., Facebook, Inc., Instagram, Inc., or any other third-party not specifically designated by Sponsor. Information is being provided solely to Sponsor in accordance with these Official Rules.
© 2023 Warner Bros. Domestic Television Distribution. All rights reserved.