OFFICIAL RULES
Warner Bros. Elf Sweepstakes
The following rules constitutes the Official Rules (“Official Rules”) for the Warner Bros Elf Sweepstakes (“Promotion”). In order to participate in the Promotion, you, the entrant or participant (“Entrant”), agree to be bound by the following Official Rules and the decisions of the Sponsors, which are final and binding in all matters related to the Promotion. Winning the Prize (as defined below) is contingent upon fulfilling all of the requirements set forth herein.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY (WITH PARENTAL CONSENT FOR THOSE UNDER THE AGE OF MAJORITY IN STATE OF RESIDENCE). VOID WERE PROHIBITED OR RESTRICTED BY LAW.
Promotion Period. The Promotion commences on November 1, 2019 at 12:00 A.M. Eastern Standard Time (“EST”) and ends at 11:59:59 PM EST on December 25, 2019 (the “Promotion Period”).
Sponsors. The Promotion is sponsored by Carvel Franchisor SPV LLC and Warner Bros. Home Entertainment (collectively, “Sponsor”).
Eligibility. The Promotion is open to Entrants that follow the instructions set forth in Section 4. Entrants must have a United States mailing address; Entrants with a Post Office Box address are not eligible for this Promotion. Employees of Sponsor, individual Carvel shoppes and Carvel franchisees, and their respective immediate families or persons residing in the same household of such employees, are ineligible to enter and win (collectively, the “Promotion Entities”). “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) months a year.
How to Enter.To enter, Entrants will submit an entry form through the Promotion’s designated webpage on Carvel’s website at www.carvel.com during the Promotion Period. Entrants must provide their email and contact information via the entry form in order to be eligible to win this Promotion. There is no limit to the number of times an Entrant may enter the Promotion, but an Entrant can only win one (1) time during the Promotion Period. In the event that there are more Prizes than Entries at the end of the Promotion Period, Sponsor reserves the right to extend the Promotion Period.
All Entries must be submitted in English. Any Entry that does not comply with the entry requirements, or otherwise with these Official Rules will be void, eliminated and not eligible for consideration. Sponsor reserves the right in its sole and exclusive business judgment to disqualify any Entry that it believes contains inappropriate content, that does not comply with these Official Rules, or that is not consistent with the spirit or theme of the Promotion.Winner Determination and Odds of Winning. Winners (each a “Winner”) will be randomly selected from all entries received during the Promotion Period. Each Winner can win a maximum of one (1) prize. The odds of winning a Prize is dependent on the number of entries.
Promotion Winner Notification. The Winner will be notified via the email and/or contact information submitted with the Winner’s entry form, on or about January 15, 2020. Such notification will include instructions for claiming the Prize and coordinating Prize delivery to the Winner. To claim and/or redeem the Prize, Winner must follow instructions given by Sponsor or its designated agent. Awarding the Prize is subject to verification of Winner’s eligibility and full compliance with these Official Rules. If a Winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the Winner will be disqualified and forfeits the Prize.
Promotion Prizes. The Prizes are listed below (collectively the “Prizes”) and Sponsor will award the first eleven (11) Winners as follows:
One (1) Grand Prize Winner
One (1) Philips 50” 4K TV
One (1) Blu-Ray DVD Player
One (1) Blu-Ray DVD of the movie Elf
One (1) Carvel Ice Cream party pack featuring Carvel’s seasonal Gingerbread and vanilla ice cream and Buddy the Elf approved candy toppings
Ten (10) Second Place Winners
One (1) Blu-Ray DVD of the movie Elf
General Prize Limitations and Conditions. Sponsor shall have no liability to Winner in the event that Winner fails to use the Prize according to its instructions, if any. The Prize is awarded "AS IS." Sponsor offers no warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Promotion or the Prize. Prize details and availability are subject to change, in which case a prize of equal or greater value may be substituted at Sponsor's sole discretion. Prizes consist only of the item listed herein, are non-transferable, with no cash redemption, substitution or extension except at Sponsor's sole discretion. All prizes may (or may not) be awarded, in the sole discretion of Sponsor. In the event of a dispute as to the identity of the Winner, the entry will be deemed submitted by the holder of the email account submitted with the respective entry form. Federal, state, or local taxes on Prizes, if any and any other costs, fees or expenses not listed above are the sole responsibility of the Winner. Sponsor or its designated agent may issue an IRS Tax Form 1099 to the Winners for Prizes with an ARV of $600 or more.
Publicity & Marketing. By entering or participating in the Promotion, Entrant expressly agrees and consents to Sponsor’s use of his/her name, voice, statements, image and likeness for purposes of advertising and trade, in any medium, whether now known or hereafter devised, worldwide, in perpetuity, without further compensation or notice, unless prohibited by law. Submission of contact information in connection with this Promotion (whether or not required), including mailing address, phone number, and email address, during entry constitutes permission for Sponsor to add Entrant to Sponsor’s customer database and to contact Entrant in the future for promotional and other reasons. Entrant may opt-out of receiving such communications as set forth in Sponsor’s Privacy Policy or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s emails). Sponsor’s Terms & Conditions for usage of the App may be found in the App.
Mobile Disclosure. If Entrant opts to use his/her wireless mobile device in connection with the Promotion, depending on his/her phone’s capabilities, standard text messaging rates or data charges may apply according to the terms and conditions of his/her services agreement with the wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on Entrant’s mobile phone bill or be deducted from Entrant’s prepaid account balance. Wireless carriers’ rate plans may vary, and Entrant should contact his/her wireless carrier for more information on messaging rate plans and charges relating to his/her participation in this Promotion.
Release of Liability; Indemnification. All Entrants agree to hold harmless and release Sponsor, and each of its parent companies, affiliates, subsidiaries, officers, directors, agents, employees, and all others associated with the development and execution of this Promotion from any and all liability with respect to or in any way arising from this Promotion and acceptance, possession, use, or misuse of any prizes, including but not limited to liability for personal injury, bodily injury including wrongful death, damage to property, and damage or loss of any other kind. Sponsor is not responsible for quality or utility of any prizes. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Web-site users or App-users, by any of the equipment or programming associated with or used in the Promotion, or by any technical or human error that may occur in the processing of submissions in the Promotion. Sponsor assumes no responsibility for any error; omission; interruption; deletion; defect; delay in operation or transmission; communications-line failure; theft, destruction, unauthorized access to, or alteration of entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines; computer online systems, servers, or providers; computer equipment; computer software application; or failure of entry on account of technical problems. Sponsor is not responsible for user cheating or fraud by any Entrants. Any activities intended to disrupt or interfere with the proper play of the Promotion or to defraud Sponsor in any way will be prosecuted to the fullest extent of the law. Entrants who engage in any of the foregoing activities will be disqualified and will forfeit any prizes won. If, for any reason, the Promotion is not capable of running as planned, due to, but without limitation, infection by computer virus, worm, or bugs; tampering; unauthorized intervention; fraud; technical failures; or any other causes beyond the control of Sponsor, that in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Promotion.
Other Terms.
Except where prohibited by law, by submitting an Entry and/or accepting the Prize, Entrants and Winner agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of Sponsor, Entrants, and Winner shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any principles of conflicts of laws of any jurisdiction. Entrants and Winner agree that any action at law or in equity arising out of or relating to this Promotion or awarding of the Prize, shall be filed only in the state or federal courts located in the State of Georgia and Entrant and Winner hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Promotion, Entrant and Winner agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or awarding of the Prize, shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion but in no event attorneys’ fees; and (c) under no circumstances will any participant be permitted to obtain awards for, and hereby waives all rights to claim 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. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you. If any provision of these Rules is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Promotion is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), Sponsor reserves the right to discontinue or modify the Promotion, as applicable, or to disqualify any Entrants residing in any affected geographic areas, as applicable. In such event, Sponsor shall have no liability to any Entrants who are disqualified due to such an action. These Official Rules are subject to change without notice as determined by the Sponsor.
Request for Names of Prize Winner and Official Rules. For confirmation of winner and/or a copy of these Official Rules, send a self-addressed stamped envelope to Carvel Warner Bros Elf Sweepstakes, Attn: Legal Department 5620 Glenridge Drive NE, Atlanta, GA 30342. All requests for a copy of the Official Rules and the name of Prize Winner must be made by February 15, 2020. Please note on the front left-hand corner of the outer envelope whether the request is for “Official Rules” or “Prize Winners.”
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