NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS IS A CONTEST OF SKILL. VOID WHERE PROHIBITED. The entry period for the "The Ellen DeGeneres Show's NEST" Contest ("Contest"), sponsored by WAD Productions, Inc. ( "Sponsor"), begins Thursday, January 23, 2014, at 6:00:00 a.m. Pacific Time ("PT") and ends at 11:59:59 p.m. PT on Sunday, February 23, 2014 (the "Contest Period"). All federal, state and local laws and regulations apply. Proof of submitting a Contest entry will not be deemed by Sponsor as proof of receipt of entry into the Contest. Any attempted form of entry into the Contest other than as described herein is void.
The Contest is open to individuals who meet the following criteria: (a) are eighteen (18) years of age or the age of majority (whichever is older) on the date of entry and (b) are a legal resident of and physically residing in one of the 50 United States or the District of Columbia (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law) or Canada (excluding Quebec) ("Contestant"). Neither Sponsor nor employees of Sponsor, "The Ellen DeGeneres Show", Time Warner, Warner Bros. Entertainment, Telepictures Productions Inc., Nest Labs, 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 "Contest Entities") are eligible to participate in the Contest and/or win a Prize (as defined below). Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win. For the purposes of this Contest, "immediate family members" is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses.
By entering this Contest, Contestants agree 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: Online entry is the only method of entry for the Contest.
Entries received before and/or after the Contest 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 time piece for the Contest.
To Enter:If the Contestant meets the eligibility criteria set forth above, then in order to enter Contestant must go to the "The Ellen DeGeneres Show" webpage located at http://www.ellentv.com/Nest during the Contest Period and follow the steps below:
A. To be considered for the Contest, Contestant must first access the contest webpage, located at http://www.ellentv.com/Nest
B. Contestant must then submit the following:
• Personal Information: Contestant's first name, last name, e-mail address, home phone number, mailing address, and date of birth ("Personal Information");
• A photograph for purposes of confirming identity and for publication in the event that Contestant wins the Grand Prize (publication at the sole discretion of Sponsor). Submission of the photograph (if applicable) will not affect whether or not Contestant will win the Grand Prize
• Contestant will also be required to check a box acknowledging that Contestant is at least 18 years of age and another box that Contestant has read and accepts this Contest's Official Rules; and
• A written statement of no more than approximately three hundred (300) words describing why Contestant deserves to win $10,000 and Nest products (the "Statement").
Contestant's entry must be received by Sponsor between 6:00:00 a.m. PT on Wednesday, January 23, 2014 and 11:59:59 p.m. PT on Sunday, February 23, 2014.
A qualifying entry requires all of the following elements submitted via http://www.ellentv.com/Nest
1. Acknowledgment that Contestant meets the eligibility requirements criteria: Contestant is at least eighteen (18) years of age or age of majority (whichever is older) and a resident of one of the 50 United States (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law) or the District of Columbia or Canada (excluding Quebec).
2. The required Personal Information, as described above.
3. The photograph, as described above.
4. The Statement, as described above.
By submitting any entry into the Contest, whether complete or not and whether eligible or not, each entrant represents and warrants to Sponsor and the Sponsor Entities that the entry (including, without limitation, the Statement): (a) is the entrant's original creation; (b) has not copied, in whole or in part, any other work; (c) does not violate or infringe any copyright, trademark, patent, trade secret, privacy or publicity right, or other proprietary or intellectual property right of any person or entity; (d) is not defamatory, libelous, obscene, or otherwise illegal; and (e) is the sole and exclusive property of the entrant, and is not subject to any third-party rights. Submission of false or misleading personal information (including the Statement) or copied, plagiarized, offensive or otherwise inappropriate photographs and/or Statements (as determined by Sponsor in its sole discretion) will be grounds for disqualification of entry. Entries generated by a script, macro or other automated means will be disqualified. Illegible or incomplete entries, as determined by Sponsor in its sole discretion, will be disqualified. Sponsor will not deem proof of submission of an entry as proof of receipt of an entry.
LIMIT: One (1) entry per Contestant during the Contest Period. In the event that a Contestant exceeds the limit, Sponsor may, at Sponsor's sole discretion, either disqualify all entries by the Contestant or select, at Sponsor's sole discretion, one (1) entry for judging and reject the remainder.
WINNER SELECTION PROCESS:
At the conclusion of the Contest Period, Sponsor, at its sole discretion, will select approximately five (5) Statements from eligible entries for final voting by the judging panel. The finalists' Statements will be voted on by a panel of judges selected by Sponsor in Sponsor's sole discretion. The winning Statement will be determined, at the sole discretion of the judging panel, based 33.3% on creativity, 33.3% on originality, and 33.3% on appropriateness to the theme of the Contest (i.e., what would you do with $10,000 and Nest products?). The Statement receiving the most votes by the judges will receive the Prize (as defined below, the "Prize"). The winning Statement will be selected by the judges on or before March 31st, 2014. In the event of a tie, the potential winner will be the Contestant whose Statement is considered more creative as determined by the judges.
The Winner of each Prize is referenced hereinafter as the "Prizewinner".
If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, such Contestant's claim to the Prize is forfeited and an alternate qualifying and eligible Contestant may be contacted, at Sponsor's sole discretion.
All Prizes legitimately claimed will be awarded.
• Prizewinner will receive:
o A one-time US $10,000 payment;
o One (1) Nest Learning Thermostat; and
o Two (2) Nest Protects
TOTAL APPROXIMATE RETAIL VALUE ("ARV") OF THE PRIZE: US $10,507.00
The Prizewinner will be required to review and execute further contracts and releases provided by Sponsor in order to receive the applicable Prize.
A CONTESTANT IS NOT CONSIDERED THE WINNER OF THE PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF CONTESTANT'S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES.
PRIZEWINNER NOTIFICATION PROCESS:
Prizewinner will be notified by Sponsor via phone and/or email. If Prizewinner does not accept the Prize and/or return all required documentation and signatures within twenty-four (24) hours following the date and time the Prize is awarded, then that winner will be disqualified and an alternate winner will be selected.
The Sponsor will require the tentative Prizewinner to execute an Affidavit of Eligibility, Liability Release and Publicity Release (or, if a resident of Canada, a declaration of eligibility) (collectively, "Affidavit/Release"). The Affidavit/Release must be returned to the Sponsor within twenty-four (24) hours of receipt of the Affidavit/Release. A disqualification will result and an alternate entry will be selected if the Affidavit/Release is not returned to the Sponsor within the specified time.
Refusal or return of any Prize notification, Affidavit/Release or Prize as undeliverable will result in disqualification and an alternate entry will be selected.
ADDITIONAL PRIZE INFORMATION:
Sponsor will not replace any lost or stolen tickets, vouchers, or certificates. 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 Prize winner and no additional compensation will be awarded.
All expenses not specifically mentioned herein are not included in any prize and are solely the winner's responsibility including, without limitation, meals, room service and souvenirs.
The Prizewinner will be required to review and execute further contracts and releases provided by Sponsor in order to receive the Prize.
If the Prizewinner elects to partake in any or all portions of the Prize with fewer than the allotted number of guests (or no guests), the Prize will be awarded to the Prizewinner and each participating guest and any remainder of the Prize will be forfeited and shall not be subject to further or alternative compensation. The Prize consists only of the elements expressly set forth above, and no other elements or expenses (including, without limitation, airfare, accommodations, ground transportation, insurance, meals, phone calls, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Prize and all such expenses are the sole responsibility of the Prizewinner. No refund or compensation will be paid in the event of the cancellation or delay of the Prize or any Prize component. Sponsor will not be liable if the Prize, or any portion of the Prize, is cancelled or delayed. Sponsor may, in Sponsor's sole discretion, attempt to reschedule for a future event. Prize tickets are subject to certain terms and conditions as specified by issuer. The terms and conditions of the tickets may govern if a Prize component is cancelled due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen tickets, vouchers or certificates. In the event of such loss, Sponsor shall have the right, in Sponsor's sole discretion, to disqualify the Prizewinner or to award the 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. Exact details, including seat locations, shall be determined in the sole discretion of Sponsor. Insurance is the sole responsibility of the Prizewinner and any guest.
There is no substitution for any Prize or any portion thereof and no refunds will be given for any unused portion of the Prize. The Prize is not transferable, assignable or redeemable for cash. All Prize details are at Sponsor's sole discretion.
Prizewinners are solely responsible for the reporting and payment of any and all federal, state and local taxes as well as any other costs and expenses associated with acceptance and use of a Prize not specified herein as being awarded. Prizewinners may be issued an IRS form 1099 based on the ARV of each Prize awarded.
OWNERSHIP AND LICENSE:
All Contest related materials, including submission entries, and Statements (collectively, "Submission") becomes the property of the Sponsor and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the Contestant, but entry into this Contest constitutes Contestant's irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the 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 edit, adapt, and modify the Submission.
Any use of any of the Contest Entities trademarks or copyright interest is strictly prohibited and may subject Contestant to civil and/or criminal liability.
ALL PRIZES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." CONTEST 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, 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 Contest by such companies.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION:
BY ENTERING, ALL PARTICIPANTS IN THE CONTEST, PARTICIPANT'S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ALL CONTEST ENTITIES 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 CONTEST 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 THE CONTEST ENTITIES.
DISCLAIMERS / LIMITATIONS ON LIABILITY:
BY ENTERING, ALL PARTICIPANTS IN THE CONTEST AGREE THAT THE CONTEST ENTITIES ASSUME NO LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE STATEMENT AND/OR CONTESTANT'S ENTRY INTO THE CONTEST, THE USE, ACCEPTANCE, POSSESSION OR AWARDING OF ANY PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS OR ACCIDENT TO PERSON OR PROPERTY DUE TO AN INTENTIONAL ACT, AN ACT OF NEGLIGENCE OR DEFAULT AND/OR ANY ACT OF GOD.
The Contest 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, postage-due or stolen mail or entries or entries otherwise not in compliance with these Official Rules. In addition, Contest Entities are not responsible for any typographical errors in these Official Rules, Contest content or any advertising materials for the Contest, or for any kind of computer, electronic, hardware, software, Internet, network, technical or telephone failures and/or problems caused by the Sponsor and/or the Contest Entities or the user, or by any of the equipment or programming associated with or utilized in the Contest, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Contest, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Contest 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 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 Contest Entities, the user or by any of the equipment or programming associated with or utilized in the Contest, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Contest or any Contest offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select Prizewinners from all entries received for the Contest prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion, fire, casualties, 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 or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the Sponsor's control.
GENERAL CONDITIONS OF ENTRY:
All Contestants, as a condition of entry, agree that they have not purchased any kind of Internet service whatsoever in order to participate in and/or enter the Contest. Contestants agree not to knowingly damage or cause interruption of the Contest and/or prevent others from utilizing the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE OR CELLULAR SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST OR CAMPAIGN VIOLATES CRIMINAL AND/OR CIVIL LAWS.
IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR ADMINISTERING AGENCY MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY AND ALL CONTEST PARTICIPANTS MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
GOVERNING LAW AND VENUE:
The parties agree that the Contest 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. Each participant agrees (i) that any or all lawsuits brought by participants pursuant to these Official Rules or the Contest will be brought in the courts located in Los Angeles, California and (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action. Contest participants hereby waive any and all objections to personal jurisdiction. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred including, without limitation, costs associated with entering this Contest but in no event attorneys' fees. Under no circumstances will contest participants be permitted to obtain awards for, and hereby waive 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.
For a copy of these Official Rules, go to http://ellen.warnerbros.com.
SPONSOR: WAD Productions, Inc.
c/o WAD Productions, Inc. 3500 West Olive, Suite 1000, Burbank, CA 91505.
© 2013 WAD Productions, Inc. All rights reserved.