TCM Wine Club Survey - Official Rules

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW.

 

I. ELIGIBILITY:

 

From 5pm on March 28, 2018 through 11:59:59 p.m. on April 4, 2018 (“Sweepstakes Period”), Turner Classic Movies, Inc., (the “Sponsor”) will conduct a Sweepstakes open only to persons who (a) have been invited to take a survey and enter the sweepstakes via email, and (b) are, as of entry, 18 years of age or older; legal resident of, and physically located within the 50 United States and D.C.; specifically invited by Sponsors to participate for a chance to win the TCM Wine Club Survey Sweepstakes (“Sweepstakes”). If a registrant/entrant is 18 years of age and a resident of a jurisdiction that deems him/her to be a minor, he/she must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information. Employees of Sponsors, their advertising or promotion agencies, those involved in the production, design, printing, development, implementation or handling of the Sweepstakes, any agents acting for, or on behalf of the above entities, and any other person or entity associated with the Sweepstakes (collectively “Sweepstakes Entities”), members of their immediate families (spouses, children, siblings, parents) are ineligible to participate in the Sweepstakes. Eastern Standard Time shall control for all purposes of this Sweepstakes.  Sponsor’s computer shall be the official clock for purposes of the Sweepstakes. By participating, entrants agree to be bound by these "Official Rules". The Sweepstakes is governed by U.S. law and subject to all applicable federal, state and local laws and regulations.

 

II. HOW TO ENTER:

 

By invitation only, potential participants will be sent surveys (the “Surveys”) about TCM Wine Club; those selected members who complete the Surveys will be automatically entered into the Sweepstakes (“Sweepstakes Entries”) for a chance to win during the Sweepstakes Period.  All Sweepstakes Entries must be received within the Sweepstakes Period. Limit one (1) Sweepstakes Entry per person, per email address. Multiple Sweepstakes Entries submitted by the same person in excess of this limit will be disqualified.  Sweepstakes Entries generated by script, macro or other automated means will be void.  Any attempted form of participation in this Sweepstakes other than as described herein is void.

 

III. DRAWING[S]:

 

On or about April 6, 2018, Sponsor will randomly select five (5) potential winners from among all eligible Surveys received as Sweepstakes Entries during the Sweepstakes Period.

 

IV. NOTIFICATION:

 

All prize winners will be notified by email.  If a potential winner cannot be reached after a reasonable effort has been exerted, if he/she is found to be ineligible, he/she cannot or does not comply with these Official Rules, and/or his/her prize or prize notification is returned as undeliverable, such potential winner will be disqualified, and, an alternate potential winner for that prize may be selected (at Sponsor’s sole discretion) from all remaining eligible Sweepstakes Entries received.  If potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on such potential prize winner set forth herein. All prizes and all respective prize notification/documents will be mailed/shipped to the street address provided on the potential winner documentation. All addresses must be located within the 50 states of the U.S. or D.C. only.  Potential winners will receive all prizes within two (2) months of the close of the Sweepstakes

 

V. PRIZES/ODDS OF WINNING

 

Prize:  Each prize winner will win a $50 gift card.  Odds of winning a prize depend on the total number of eligible Sweepstakes Entries received.   No transfer, substitution or cash equivalent for prize, except that Sponsor at its sole discretion may substitute the prize (or component of prize) of equal or greater value due to prize unavailability for any reason. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.  Prize 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 a prize not specified herein as being awarded.  All prize details are at Sponsors’ sole discretion.  Any depiction of prize, in Sweepstakes materials or otherwise, is for illustrative purposes only.    Prizes will be shipped to street addresses in the 50 states of the U.S. and D.C. only.

 

VI. GENERAL CONDITIONS

 

The Sweepstakes 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 Sweepstakes, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prize or in any Sweepstakes-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 Sweepstakes, Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend the Sweepstakes.  In the event of modification, cancellation, or suspension, Sponsor reserves the right to award the prize from among all eligible, non-suspect entries received prior to the event requiring such cancellation.  False or deceptive entries or acts will render the participant ineligible.  All entries become the property of the Sponsor and will not be acknowledged or returned.  Sweepstakes Entities are not responsible or liable for Sweepstakes Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limits, or otherwise not in compliance with these Official Rules and any such Sweepstakes Entry will be disqualified.  Any person attempting to forge or tamper with the Sweepstakes or otherwise defraud Sponsor will be prosecuted to the full extent of the law and will be ineligible to win a prize.  By participating, participants (if a minor, his/her parent/legal guardian) agree to release, discharge and hold harmless Sweepstakes Entities from losses/injuries of any kind, including personal injury and/or death, resulting from participation in the Sweepstakes, or the acceptance/possession, use/misuse of a prize by winners of prizes; or inability to use  prize;  shipping delays of prize merchandise; item/service prize unavailability, human error; incorrect or inaccurate transcription of Sweepstakes Entry Information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by the Sweepstakes or participant;  interruption or inability to access the Sweepstakes, the Web Site, 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 and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of one of the Sweepstakes Entities.  Each participant further agrees to indemnify and hold harmless the Sweepstakes Entities from any and all claims or actions arising out of or in connection with from participants entry or participation in the Sweepstakes, any breach of representation made by a participant in connection with the Sweepstakes, and the exercise by Sponsor or its assignees of any of the rights granted by participant in these Official Rules.   Sweepstakes Entities are also not responsible for any typographical or other error contained in the Official Rules or other Sweepstakes-related materials.  IN NO EVENT WILL SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS SWEEPSTAKES, ANY PRIZE AWARDED HEREUNDER, YOUR ACCESS TO AND USE OF THE WEB PAGE OR ANY OTHER RELATED WEB SITE OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM THE WEB PAGE OR ANY OTHER RELATED WEB SITE.  Unless otherwise prohibited by law, by participating in this Sweepstakes and/or accepting a prize each entrant grants Sponsor the right to use such entrant’s name, photograph, likeness, statements, voice, biographical information and address (city and state) for advertising/trade/publicity purposes worldwide and for any other purposes as determined by Sponsor in all forms of media now known or hereinafter devised, in perpetuity, without further notice, permission or compensation, in connection with Sweepstakes, or the prize(s) awarded, and the advertising and marketing thereof.  Participants also agree to be bound by the Official Rules and decisions of Sponsor and/or Sponsor’s representatives, which are final and binding in all respects, and waive any right to claim any ambiguity in these Official Rules or Sweepstakes materials.  Submitted Sweepstakes Entries become the sole property of Sponsor and will not be acknowledged or returned.  CAUTION: ANY ATTEMPT TO DAMAGE THE WEB PAGE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

 

VII.  LIMITATION OF LIABILITY:

 

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW:  (1) 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; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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 FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

 

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sweepstakes Entities in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules (whether of the State of Georgia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Georgia.

 

VIII. WINNERS’ NAMES

 

For the names of the winners (available after April 6, 2018) send a self-addressed, stamped, envelope to: TCM Wine Club Survey Sweepstakes winners, at 1050 Techwood Drive, NE Atlanta, GA 30318 Attn. Joanna Frankowski.  Winner’s list requests must be received by April 30, 2018.

 

IX. PRIVACY: All information submitted by participants in the Sweepstakes will be treated according to TCM’s privacy policy found at www.tcm.com/privacy

 

X. Sponsor: Turner classic Movies, 1050 Techwood Drive, Atlanta, GA 30318.

 

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