“HAPPY DEATH DAY DIGITAL Sweepstakes”
OFFICIAL RULES (“Official Rules”)
This Sweepstakes (defined below) in support of the home entertainment release of “Happy Death Day” (the “Release”) is intended for viewing and participation in the United States only and shall be evaluated and construed in accordance with the laws of the United States. This Sweepstakes is restricted to entrants who are legal residents of the Eligibility Area (defined below) and who are thirteen (13) years of age or older at the time of entering the Sweepstakes.
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. To enter the “Happy Death Day Blu-ray Sweepstakes” (the “Sweepstakes”), go to http://uni.pictures/HappyDeathDaySweeps (“Website”) during the Promotion Period (defined below) and follow the prompts to complete the official entry form that must include: your name, month and year of birth, and email address, then press “Submit” to be electronically entered. Sweepstakes begins at 12:00 PM Pacific Standard Time (“PST”)/3:00 PM Eastern Standard Time (“EST”) on January 5, 2018 and ends at 8:59 PM PST/11:59 PM EST on January 15, 2018 (the "Promotion Period"). You may enter the Sweepstakes only once daily (i.e., once every twenty-four (24) hours) during the Promotion Period. Mass produced entries will invalidate all entries. Mail-in entries not accepted. Free internet access is available at many public libraries and schools and free e-mail accounts are available through a variety of providers.
2. Five (5) prizes (each, a “Prize”) are available to be awarded in the Sweepstakes. Each Prize consists of one (1) digital high-definition copy of Happy Death Day (such copy subject to the Terms of Use set forth at UPHE.com). The approximate retail value (“ARV”) of each Prize is USD$14.99. Each Prize is non-transferable, non-exchangeable, and not redeemable for cash. Sponsor reserves the right to substitute a Prize for one of equal or greater value if a designated Prize should become unavailable for any reason, or for any other reason in Sponsor's sole discretion. Sponsor makes no representations or warranties with respect to any Prize. Any other costs or expenses associated with the Prizes will be the sole responsibility of selected winner. By accepting a Prize, each winner may be required to participate in publicity related to the prize draw, and therefore, agrees to Sponsor's use of his/her name, image, picture, biographical information, statements, voice, and likeness in any advertising and publicity Sponsor may conduct relating to the Sweepstakes and/or the Release in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, at any time or times in perpetuity, without further compensation or notice. Prize winners may be additionally required to execute and return, within seven (7) days of Prize notification, an affidavit of eligibility and/or release of liability and publicity (where permitted by law). Each Prize will be awarded provided it is properly claimed and there are sufficient qualified entries received and there exists sufficient time to award a Prize to an alternate winner in the event of forfeiture by any previously selected winner(s). Return of any Prize or Prize notification as undeliverable will result in forfeiture of Prize and selection of an alternate winner. Failure to comply with any requirement of these Official Rules may also result in forfeiture of Prize and selection of an alternate winner.
3. Eligibility: Sweepstakes is only open to legal USA residents who: (i) reside within the fifty (50) United States of America and District of Columbia (the “Eligibility Area”), (ii) enter from within the U.S., and (iii) are thirteen (13) years of age or older at the time of entry. For the avoidance of doubt, this Sweepstakes is void where restricted or prohibited by law. Employees, officers, and directors of Sponsor and each of its affiliates, subsidiaries, sales representatives, prize providers, advertising, public relations, and promotional agencies, as well as members of the immediate families (parent, grandparent, child, sibling, step-sibling, spouse, and in-laws) and households of each (whether related or not) are not eligible to participate in or win a Prize in the Sweepstakes.
4. Drawing: Potential Prize winners will be selected in a random drawing from among all eligible entries received. Odds of winning a Prize depend on the total number of eligible entries received. A random drawing will be conducted on or about January 19, 2018, and will be conducted by Sponsor, whose decisions are final and binding in all matters regarding this Sweepstakes. Each potential Prize winner will be notified of winning on or about January 26, 2018 by email. If a potential winner cannot be contacted, Sponsor, in its sole discretion, will attempt to contact up to three (3) alternate potential winners of such Prize in accordance with the above-procedure; if no such alternative potential winner can be reached, the Prize in question may go un-awarded if it remains unclaimed. If any potential Prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the Prize for any reason prior to award, such potential Prize winner will be disqualified and an alternate Prize winner may be selected at Sponsor’s sole discretion. Sponsor is not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to any Prize.
5. By accepting a Prize, each winner waives the right to assert, as a cost of winning said Prize, any and all costs of redemption or travel to redeem said Prize (if applicable), and any and all liability that might arise from redeeming or seeking said Prize, and winner releases Sponsor and its affiliates, subsidiaries, employees, officers, directors, shareholders, agents, prize providers, and promotion and advertising agencies (collectively, “Releasees”) from any and all liability, loss, or damage (including, but not limited to, liability for any indirect, incidental, consequential, special, punitive, or exemplary damages of any kind even if the Releasees have been advised of the possibility of such loss or damages): (i) incurred with respect to the awarding, receipt, possession, use, and/or misuse of any Prize or participation in any Prize-related activities and acknowledge that said Releasee has neither made, nor is in any manner responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize including its quality, mechanical condition, or fitness for a particular purpose; and (ii) that may arise in connection with the Sweepstakes, including but not limited to any Sweepstakes-related activity or element thereof, the entrant’s entry, participation, or inability to participate in the Sweepstakes or in any parts thereof, and any wrongful, negligent, or unauthorized act or omission on the part of any of the Releasees, or any of their agents or employees. Each winner will be solely responsible for paying all applicable federal, state, or local taxes on the awarded Prize based upon the published value of the Prize as set forth in these Official Rules. These Official Rules may not be reproduced or reprinted in part or in their entirety without the express written permission of the Sponsor. Sponsor will not accept any mailed entries or any document that is incomplete, illegible, damaged, late, lost, misdirected, or sent by certified, registered, or postage-due mail. Sponsor is not responsible for the failure or unavailability of hardware, software, electronic communications, interrupted or unavailable network server or other Internet connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled, or misdirected entries or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, failures, or difficulties or for other errors, omissions, interruptions, or deletions of any kind, whether human, mechanical, or electronic, or for any damage to any person's computer related to participating in the Sweepstakes. Sponsor is not responsible for inability to submit information at Website. Proof of submitting information at Website (such as a screenshot) is not proof of delivery or receipt. Sponsor is not responsible for illegible, unintelligible, late, lost, or stolen entries or incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human errors which may occur in the processing of any entries in this Sweepstakes. Persons found tampering with or abusing any aspect of the Sweepstakes, as solely determined by Sponsor, will be disqualified and may be subject to prosecution. Each entry must be submitted by the entrant himself/herself. Any entrant who attempts to enter with multiple identities or uses any other device or artifice to interfere with the proper functioning of this Sweepstakes pursuant to these Official Rules will be disqualified from participation in the Sweepstakes. If, in the judgment of Sponsor, the Sweepstakes is compromised by virus, bugs, non-authorized human intervention, or other causes beyond the control of Sponsor that corrupt the administration, security, fairness, or proper functioning of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to discontinue, suspend, terminate, or modify the Sweepstakes. In the event of any such discontinuation, suspension, termination, or modification, the winner of any remaining Prize not yet awarded will be determined from among all eligible entries received to date that are unaffected by the problem in a random drawing to be conducted by the Sponsor following the discontinuation, suspension, termination, or modification of the Sweepstakes. By entering this Sweepstakes, entrants agree that each entry becomes the property of Sponsor, that the entry will not be returned, and that such entry may be used by the Sponsor for any proper purpose. Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Sweepstakes for the purposes of administering the Sweepstakes and prize fulfillment. By entering this Sweepstakes, you consent to such collection, use, and disclosure of your personal information. To the extent an entrant agrees when submitting an entry to allow for the use of his/her personal information so that Sponsor may later contact him/her with marketing offers, said information will also be used for such additional purpose. All information collected by Sponsor in connection with participation in the Sweepstakes will be subject to Sponsor's Privacy Policy as posted on www.nbcuni.com/privacy. Any attempt to defraud Sponsor will be prosecuted and will result in disqualification and forfeiture of a Prize. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Additionally, Sponsor reserves the right to amend these Official Rules from time to time if it considers it reasonable or necessary to do so. Updated versions of the Official Rules will be posted here and will bind all entrants.
6. ARBITRATION/CHOICE OF LAW/LIMITATION OF LIABILITY: Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that any and all disputes and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by arbitration under JAMS Expedited Arbitration. The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, 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. The determinations of the arbitrator shall be final and shall not be subject to judicial review; provided, however, that any award or determination rendered by the arbitrator may be entered in any court of competent jurisdiction. The expenses of arbitration, the fees and costs of legal counsel, experts and evidence shall be awarded to the prevailing party. Except where prohibited, entrant agrees that: (1) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (not to exceed USD$50.00), including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (2) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses), and any and all rights to have damages multiplied or otherwise increased. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES. IN NO EVENT SHALL ANY PARTY RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION, OR EXPLOITATION OF THE SWEEPSTAKES, OR ANY OTHER PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS PARENTS, SUBSIDIARIES, OR AFFILIATES.
7. Releasees shall not be liable to the Prize winner or any other person for failure to supply the Prize or any part thereof by reason of any acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s), or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, network or computer problems, Internet problems, hacking, computer viruses, unauthorized computer access, tampering, or any other cause beyond Sponsor’s sole control.
8. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
9. In the event of a dispute as to the identity of an entrant based on an e-mail address, the entry will be declared made by the authorized account holder of the email account at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email account by an Internet access provider, on-line service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. 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.
10. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules 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. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy, 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.
11. SPONSOR: The Sponsor of this Sweepstakes is Universal Pictures Home Entertainment LLC, 100 Universal City Plaza, Building 1440/6, Universal City, CA 91608.
12. RULES, WINNERS LIST: For an Official Winners List (available after January 26, 2018), you may (i) visit http://uni.pictures/HappyDeathDaySweeps, or (ii) send a separate, self-addressed, stamped envelope for receipt no later than February 28, 2018 to: “Happy Death Day Digital Sweepstakes”, c/o Universal Pictures Home Entertainment LLC, 100 Universal City Plaza, Building 1440/6, Universal City, CA 91608, Attention: Digital Marketing. The Official Rules are available during the Promotion Period at http://uni.pictures/HappyDeathDaySweeps.