OFFICIAL RULES AND REGULATIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
BY SUBMITTING AN ENTRY IN THIS CONTEST, YOU AGREE AND ACKNOWLEDGE THAT YOUR ENTRY, NAME AND/OR USERNAME MAY BE SHOWN ON AIR AND/OR ONLINE AND MAY BE SUBJECT TO VIEWER JUDGING.
The TUMS® Ultimate Tailgate Sweepstakes (“Promotion”) is open to legal residents of the 48 contiguous United States and the District of Columbia, age 18 years or older and the age of majority in their state of residence at the time of entry, with a valid Twitter and/or Instagram account. Employees, officers, and directors (and their immediate family and household members (whether or not related) of HLN, a division of Cable News Network, Inc. (the “Sponsor”), GlaxoSmithKline Consumer Healthcare Holdings (US), LLC, and their respective parents, subsidiaries, divisions, trustees, franchisees, participating vendors, distributors, advertising and promotion agencies and affiliated entities (collectively, with the Sponsor, the “Promotion Entities”) are not eligible to enter or win. This Promotion is in no way sponsored, endorsed or administered by or associated with Twitter or Instagram. All information provided by entrants in this Promotion is being provided to the Sponsor and not to Twitter or Instagram. This Promotion is governed by U.S. law and subject to all applicable federal, state and local laws and regulations. By entering the Promotion, you are an entrant and you agree to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”). Void wherever prohibited by law.
When To Enter: From August 27, 2018 at 12:00 a.m. EDT to February 3, 2019 at 11:59 p.m. EST (the “Promotion Period”), Sponsor will be conducting this national Promotion encouraging participants to enter for a chance to win a prize in weekly prize drawings. Entries received by 11:59 p.m. ET each Sunday during the Promotion Period will be eligible for the weekly prize drawing from entries received during that same week as described in the chart below.
How To Enter: During the Promotion Period, you may enter this Promotion as many times as you like by using Twitter and/or Instagram. Creating an account is free at www.twitter.com and www.instagram.com.
- Twitter. To enter using Twitter, you must follow @TeamHLN (if you don’t already), then i) post your photograph of a tailgate scene, ii) tag your post with the hash tag #TUMSsweepstakes and iii) tag your post with @TeamHLN (“Entry”). Twitter entries must be tweeted and not submitted through direct message.
- Instagram. To enter using Instagram, i) post your photograph of a tailgate scene, and ii) tag your post with the hash tag #TUMSsweepstakes (“Entry”).
Entries are the views/opinions of the individual entrants and do not reflect the views of Sponsor in any way. By submitting an Entry, you acknowledge and agree that Sponsor may obtain many entries in connection with this Promotion and/or other promotions staged and/or promoted by the Sponsor, and that such entries may be similar or identical in theme, idea, format or other respects to other entries submitted in connection with this Promotion and/or other promotions sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. You waive any and all claims you may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by you may be similar to your Entry, or that any compensation is due to you in connection with such Entry or other works used by Sponsor or any third party. SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REMOVE ANY ENTRY THAT THE SPONSOR FEELS IS INAPPROPRIATE, OBJECTIONABLE AND/OR INCONSISTENT WITH THE POSITIVE IMAGE AND/OR GOOD WILL IT WISHES TO PROMOTE IN THIS SWEEPSTAKES.
The Promotion Entities are not responsible for misdirected, incomplete, lost, late, illegible, undelivered, inaccurate or delayed entries, or for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions or other errors or problems which may limit or affect a person’s ability to participate in the Promotion, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the processing of entries, the announcement of the prizes or in any Promotion-related materials. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Sponsor’s control, which corrupt the integrity, administration, security or proper operation of the Promotion, Sponsor reserves the right, in its sole discretion, to disqualify entrants and/or modify, cancel or suspend the Promotion. In the event of cancellation, Sponsor reserves the right to award prizes from among all eligible, non-suspect entries received prior to the event requiring such cancellation. Entries generated by script, macro or other automated means will be void. False or deceptive entries or acts will render the entrant ineligible. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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. Sponsor, in its sole discretion, reserves the right to disqualify and/or exclude any individual or Entry from the Promotion for any reason or no reason at all.
How To Win: Twenty-three (23) prize winners (the “Winner” or, collectively, the “Winners”) will be randomly chosen by the Sponsor on or around each Monday during the Promotion Period from among all eligible entries received during the preceding Weekly Entry Period in accordance with the chart above. The odds of winning will depend on the total number of eligible entries received during the relevant Weekly Entry Period. If you are deemed a Winner, you may only win one (1) Weekly Prize during the Promotional Period. Additional entries submitted by a Winner will not be eligible for an additional Weekly Prize. Eligible Entries not selected will not automatically be entered into subsequent drawings during the Promotional Period.
All potential winners will be notified by email, direct message, or comment on the selected Entry or in the news feed from Sponsor via the platform on which the entry was received. Potential winners must follow the instructions provided as part of the notification, which may include providing an email address, telephone number, user name, and/or other means of verification. Sponsor will attempt to contact a potential winner up to three (3) times. If a potential winner (i) cannot be reached directly, (ii) does not respond to Sponsor within forty-eight (48) hours of the first notification attempt, (iii) is found ineligible, (iv) declines the prize, or (iv) fails to comply with these Official Rules, such person may be disqualified and a runner-up winner may be notified at the sole discretion of Sponsor. Potential winners must meet all eligibility requirements including the timely execution and return of all necessary releases and documents (if any) required by Sponsor. In the event of a dispute, an Entry will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event a dispute regarding the identity of an entrant cannot be resolved to Sponsor’s satisfaction, the Entry at issue will be deemed ineligible. The decision of the Sponsor will be final and binding in all matters.
Prizes: Twenty-three (23) Weekly Prize Winners will each receive one of the following prize options at the sole discretion of Sponsor:
- Five (5) winners will each receive a Yeti Roadie® at ARV of Two-Hundred and Thirty-Nine Dollars and Ninety-Nine Cents ($239.99), PLUS one (1) TUMS® branded Corkcicle Classic Stemless Cup (Total ARV: One Thousand Three Hundred Twenty-Four Dollars and Twenty Cents ($1,324.20))
- Four (4) winners will each receive an Amazon Echo Dot at an ARV of Eighty-One Dollars and Fifty Cents ($81.50), PLUS one (1) TUMS® branded Corkcicle Classic Stemless Cup (Total ARV: Four Hundred Twenty-One Dollars and Eighty Cents ($421.80))
- Four (4) winners will receive a Polaroid Snap Camera at an ARV of One Hundred Twenty-Nine Dollars and Ninety-Five Cents ($129.95), PLUS one (1) TUMS® branded Corkcicle Classic Stemless Cup (Total ARV: Six Hundred Fifteen Dollars and Sixty Cents ($615.60))
- Six (6) winners will each receive an iPad Mini 4 128GB WiFi at an ARV of Four Hundred Ninety-Eight Dollars and Seventy-Five Cents ($498.75), PLUS one (1) TUMS® branded Corkcicle Classic Stemless Cup (Total ARV: Three Thousand One Hundred Thirty-Six Dollars and Twenty Cents ($3,136.20))
- Four (4) winners will receive a Mini Big Green Egg at an ARV of Four Hundred and Ninety-Nine Dollars ($499.00), PLUS one (1) TUMS® branded Corkcicle Classic Stemless Cup (Total ARV: Two Thousand Ninety-One Dollars and Eighty Cents ($2,091.80))
TOTAL ARV OF ALL PRIZES: Seven Thousand Five Hundred Eighty-Nine Dollars and Sixty Cents ($7,589,60 US).
No substitution or transfer of prizes or cash redemptions permitted by the winner(s). Sponsor reserves the right to substitute for any reason whatsoever a prize (or portion thereof) of comparable or greater value, at its sole discretion. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by the Sponsor. All prize details are at Sponsor’s sole discretion. Each Winner is responsible for the reporting and payment of all taxes (if any) as well as any other costs and expenses associated with acceptance and use of prize not specified herein as being awarded.
General Conditions: The Sponsor shall have the right to disqualify any Entry posted, uploaded, or otherwise submitted that is not in compliance with these Official Rules or that is deemed to be obscene, vulgar, sexually explicit, lewd, derogatory, inappropriate, threatening, objectionable or otherwise not in good taste, including the gratuitous or conspicuous display or use of alcohol, as determined by the Sponsor in its sole discretion. Entry must be your original creation and may not contain any third party material without the proper permissions. Entry cannot defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights including but not limited to copyrights or trademarks. Use of materials that are not original to you, not in the public domain or that have not been licensed from the applicable owners by you may result in disqualification.
License: You grant Promotion Entities and their respective designees the right, but not the obligation, to edit, remove, modify, publish, license, print, transmit, display or otherwise use the Entry, including, without limitation, any names, likenesses or locations embodied therein, in whole or in part, via all forms of media now known or hereafter devised, worldwide in perpetuity, without notice to you or any third party and without compensation, notification or permission. You hereby irrevocably grant the Promotion Entities and their designees and licensees the non-exclusive, perpetual, worldwide right to use the Entry, in whole or in part, alone or in combination with other material, or as a basis for new material, as Sponsor may determine in its sole discretion and for the purposes of programming, advertising and marketing. You may be required to execute any documents necessary to perfect such rights in the Sponsor. You grant Sponsor and its designees and licensees the right, unless prohibited by law, to use your name, city and state of residence, voice, pictures and likeness, without compensation, notification or approval, for the purpose of advertising and publicizing the goods and services of the Sponsor and/or its licensees and all matters related to the Promotion, in any manner or medium, now or hereafter known, throughout the world in perpetuity.
Warranty: By participating in the Promotion, you affirm, represent, and/or warrant that: (i) you are the sole creator of the Entry or have the necessary licenses, rights, consents, and written permissions to use and authorize Sponsor to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of the Entry to enable inclusion and use of the Entry in the manner contemplated by the Sponsor and these Official Rules; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Entry to use the name or likeness of each and every such identifiable individual person (and, if a minor, his/her parent or legal guardian) to enable inclusion and use of the Entry in the manner contemplated by the Sponsor and these Official Rules and can make written copies of such permissions available to the Sponsor upon request, and (iii) your Entry is not copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or otherwise have permission from the rightful owner(s) to participate in the Promotion and to make such Entry for the purposes intended by Sponsor. You further agree that you will not (i) publish falsehoods or misrepresentations that could damage Sponsor, the Promotion Entities, or any third party; (ii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) post advertisements or solicitations of business; or (iv) impersonate another person. You agree that Promotion Entities are not responsible for any unauthorized use of the Entry by third parties. Promotion Entities are not obligated to use any Entry, in whole or in part, received.
Materials (a) must be intended for a family audience and contain only content that, in the sole and unfettered discretion of the Sponsor, is suitable for a general audience; (b) must not, in the sole and unfettered discretion of the Sponsor, contain any nudity, sexually explicit, disparaging, libelous, threatening, or other inappropriate content; (c) must not, in the sole discretion of the Sponsor, contain any commercial content that promotes any product or service other than that of the Sponsor; (d) must not contain or refer to any trademarks, copyrighted works or other intellectual property without permission.
General Rules and Regulations: By entering this Promotion, you consent to being contacted by Sponsor via email and/or Twitter and/or Instagram. If you opt to use Twitter or Instagram via your wireless mobile device (which may only be available through participating wireless carriers and is not required to enter the Promotion), standard text messaging and/or data rates may apply for each message sent or received according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on charges relating to your participation in this Promotion. Participation in this Promotion by mobile device means that you understand that you may receive additional messages by mobile device relating to this Promotion, including notifying you if you are a potential Winner, which may be subject to charges pursuant to your carrier’s rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions.
Sponsor has the right to conduct a background check of any and all records of potential winners and potential finalists, including without limitation, civil and criminal court and police records. Sponsor may take all steps necessary to corroborate any information provided to Sponsor and potential winners and potential finalists will be obligated to provide necessary information to assist Sponsor with the background check. If a potential winner or potential finalist has been convicted of a felony or misdemeanor, charged with or accused of engaging in any activities involving moral turpitude, harm to children, or any other activity that conflicts with Sponsor’s image, Sponsor has the right in its sole discretion to disqualify the individual from participating in the Promotion.
Winners may each be required to execute an affidavit of eligibility, liability release, tax acknowledgment form and, except where prohibited by law, a publicity release and return within five (5) business days of issuance of notification. Noncompliance within this time period may result in disqualification and, at Sponsor’s discretion, an alternate winner may be selected.
THE PROMOTION ENTITIES EXPRESSLY DISCLAIM ANY RESPONSIBILITY AND ENTRANTS AGREE TO INDEMNIFY AND HOLD HARMLESS THE PROMOTION ENTITIES, TWITTER AND INSTAGRAM FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS AND/OR LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO ANY PERSON OR PROPERTY WHATSOEVER RELATING TO OR ARISING IN CONNECTION WITH PARTICIPATION IN THIS PROMOTION (REGARDLESS OF THE CAUSE OF SUCH INJURY, DAMAGE OR LOSS) AND/OR THE DELIVERY AND/OR SUBSEQUENT USE OR MISUSE OF ANY OF THE PRIZES AWARDED (INCLUDING ANY TRAVEL OR ACTIVITY RELATED THERETO) AND/OR PRINTING, DISTRIBUTION OR PRODUCTION ERRORS. YOU ACKNOWLEDGE THAT NOTHING HEREIN SHALL CONSTITUTE AN EMPLOYMENT, JOINT VENTURE, OR PARTNERSHIP RELATIONSHIP BETWEEN YOU AND SPONSOR. IN NO WAY ARE YOU TO BE CONSTRUED AS THE AGENT OR TO BE ACTING AS THE AGENT OF SPONSOR.
Governing Law: Any and all disputes, claims and controversies arising out of or in connection with the Sweepstakes or any prize awarded shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New York applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
Disputes/Arbitration: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
The Promotion Entities and you agree that these Official Rules affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) before resorting to arbitration.
Any dispute arising out of or relating to this contract or the breach thereof, that cannot be resolved by mediation within 30 days shall be finally resolved by arbitration administered by the AAA under its AAA Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the City of New York, New York, in accordance with the United States Arbitration Act. There shall be a single arbitrator, named in accordance with such rules.
The Promotion Entities shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000.00 unless the arbitrator finds the arbitration to be frivolous. You may choose to pursue your claim in small claims court where jurisdiction and venue over the Promotion Entities and you is proper, your claim otherwise qualifies for such small claims court, and where your claim does not include a request for any type of equitable relief.
Class Action Waiver: The Promotion Entities and you agree that Promotion Entities and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Official Rules in connection with the Promotion or any prize awarded will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The Promotion Entities and you further agree that the Promotion Entities and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Official Rules or in connection with the Promotion or any prize awarded.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York, New York.
The terms of this provision will also apply to any claims asserted by you against any present or future parent or affiliated company of the Promotion Entities to the extent that any such claims arise out of or in connection with the Promotion or any prize awarded.
Official Rules/List of Winners: For a copy of the Official Rules or a list of the winners (available on or about June 1, 2019), send a self-addressed, stamped envelope (residents of VT need not include return postage on rules requests) to the following address by October 1, 2019 (Please specify “Official Rules” or “Winners”) – “TUMS®” Promotion, 1050 Techwood Drive, NW, Bldg 1000, EXE 0304M, Atlanta, Georgia 30318.
SPONSOR: HLN, One CNN Center, Atlanta, GA 30303
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