TiVo Proud Ritual Sweepstakes
We all have our little quirks — especially when it comes to TiVo® time. Some people need to tweet along with their shows, others have to prepare with popcorn, and some people just want to wrap themselves up in a well-worn Snuggie™ and zone out for days. What’s TiVo time like for you? Take a photo of your TiVo- watching ritual, post it online, and you could win a TiVo Mini! You can enter via an online entry form as well.
For your chance to win, visit our sweepstakes page https://gleam.io/PIHtE/tivo-proud-ritual-sweepstakes where you can download a TiVo pride placard. Take a photo of your TiVo watching ritual with the placard, and post your photo to Facebook or Twitter with #AdTiVoProud, then sit back and wait to see if you won! The official rules, including an alternate online method for entering the sweepstakes, are posted below. Good luck!
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Sponsor; Administrator:The “Sponsor” and “Administrator” of the Sweepstakes is TiVo Inc., 2160 Gold Street, San Jose, CA 95002. Neither Twitter, Facebook, Inc. (“Facebook”), nor Gleam (a) is a sponsor or administrator of the Sweepstakes, (b) is affiliated or associated in any manner with Sponsor, or (c) endorses any products, services or activities of Sponsor.
- Timing:The entry period for the Sweepstakes (a) begins on July 26, 2016 at 12:00:01 a.m., Pacific Time (“PT”), and (b) ends on August 12, 2016 at 11:59:59 p.m., PT (the “Sweepstakes Period”). To be considered a valid entry into the Sweepstakes (each, an “Entry”) and to be eligible potentially to win a prize in the Sweepstakes, an otherwise eligible entry must be received by Sponsor prior to the conclusion of the Sweepstakes Period, regardless of when such entry actually was submitted. Sponsor’s computer shall be deemed to constitute the official time clock for the Sweepstakes.
- How to Enter: The three sole, alternate methods for submitting an entry (“Entry”) into the Sweepstakes, and consequently for being included in the Sweepstakes prize recipient selection procedure described in Section 5 below, are as follows:
(a) During the Sweepstakes Period: (i) purchase a TiVo product at tivo.com or through an authorized, U.S.-based TiVo retailer; (ii) obtain (at no additional charge) a TiVo-supplied placard as part of such purchase; (iii) take a photograph which incorporates the placard and which shows how the entrant uses a TiVo product as part of his/her television viewing ritual (a “Qualifying Photograph”); and (iv) either (A) post the Qualifying Photograph, together with the hashtag #AdTiVoProud and Sponsor’s Twitter handle (@TiVo), as part of an originally composed tweet, in which case the entrant will need to click “tweet” in order to post the tweet, or (B) post the Qualifying Photograph, together with the hashtag #AdTiVoProud and a mention of Sponsor’s Facebook page (https://www.facebook.com/tivo or @TiVo), as part of an originally composed Facebook post on the entrant’s Facebook Page, in which case the entrant will need to click “post”.
(b) During the Sweepstakes Period, (i) visit https://gleam.io/PIHtE/tivo-proud-ritual-sweepstakes (the “Entry Page”), (ii) download and print out the TiVo-supplied PDF of a placard made available at the Entry Page, (iii) take a Qualifying Photograph (i.e., a photograph which incorporates the placard and which shows how the entrant uses a TiVo product as part of his/her television viewing ritual); and (iv) either (A) post the Qualifying Photograph, together with the hashtag #AdTiVoProud and Sponsor’s Twitter handle (@TiVo), as part of an originally composed tweet, in which case the entrant will need to click “tweet” in order to post the tweet, or (B) post the Qualifying Photograph, together with the hashtag #AdTiVoProud and a mention of Sponsor’s Facebook page (https://www.facebook.com/tivo or @TiVo), as part of an originally composed Facebook post on the entrant’s Facebook Page, in which case the entrant will need to click “post”.
(c) During the Sweepstakes Period, (i) visit https://gleam.io/PIHtE/tivo-proud-ritual-sweepstakes (the “Entry Page”); and (ii) follow the instructions on the Entry Page for completing and submitting an Entry by providing (A) the entrant’s first and last name, (B) a valid email address for the entrant, and (C) such accompanying identifying and contact information which the entrant may be prompted to provide (e.g., the entrant’s telephone number, street/mailing address, etc.). An entrant utilizing this third method of submitting an Entry into the Sweepstakes may additionally, at his/her sole election, (I) download and print out the TiVo-supplied PDF of a placard made available at the Entry Page, (II) take a Qualifying Photograph (i.e., a photograph which incorporates the placard and which shows how the entrant uses a TiVo product as part of his/her television viewing ritual); and (III) either (1) post the Qualifying Photograph, together with the hashtag #AdTiVoProud and Sponsor’s Twitter handle (@TiVo), as part of an originally composed tweet, in which case the entrant will need to click “tweet” in order to post the tweet, or (2) post the Qualifying Photograph, together with the hashtag #AdTiVoProud and a mention of Sponsor’s Facebook page (https://www.facebook.com/tivo or @TiVo), as part of an originally composed Facebook post on the entrant’s Facebook Page, in which case the entrant will need to click “post”. Sponsor affirms, and eachentrant understands, that the steps described in the immediately preceding sentence are purely optional; an otherwise eligible entrant utilizing the method of Entry submission described in this Section 4(c) will receive an Entry into the Sweepstakes as long as he/she timely provides all of the required information described in subsection (ii) in the first sentence of this Section 4(c).
By submitting an Entry during the Sweepstakes Period by any of the three (3) methods described in subsection 4(a), 4(b), or 4(c) above, an eligible entrant will receive one (1) Entry into the Sweepstakes. Normal time rates, text messaging rates, and/or data rates (as applicable), if any, charged by the Sweepstakes entrant’s internet service provider will apply. Each Sweepstakes entrant represents and warrants that neither his/her tweet and/or photograph, nor his/her Facebook post and/or photograph, as submitted pursuant to subsection 4(a) or subsection 4(b) above, will: (I) constitute a defamation against, or otherwise disparage, any person or entity (including, without limitation, Sponsor or any competitor of Sponsor) or the products or services of any person or entity; (II) violate the right of privacy or right of publicity of any person or entity; (III) infringe, misappropriate or violate the copyright, trademark, service mark, patent, trade secret, or other intellectual property, proprietary or other right(s) of any person or entity; (IV) contain any brand or trademark other than those of Sponsor (with Sponsor’s trademarks not to be altered or obscured in any manner and not to be combined or interspersed with any third party materials); (V) contain any material or words that are unlawful, obscene, indecent, pornographic, sexually explicit/suggestive, profane, violent, threatening, harassing, abusive, offensive, or otherwise deemed by Sponsor to be objectionable or inappropriate for public dissemination; or (VI) promote discrimination, racism, bigotry, hatred, or harm against any group or individual. Entries generated by script, macro or other automated means are void.
Regardless of the method of entry, there is a maximum limit of one (1) total Entry per person or email address or Twitter account or Facebook account for the entire duration of the Sweepstakes Period. No retweets or Facebook reposts are permitted as entries. If any person or email address or Twitter account or Facebook account submits more than one (1) entry during the Sweepstakes Period, or violates any of the restrictions set forth in the immediately preceding paragraph, then all entries submitted from such person, email address, Twitter account or Facebook account will be deemed null and void and ineligible for any prize drawing or other prize consideration in the Sweepstakes. If an individual has received a prize in another sweepstakes, contest or other promotion which has been conducted by Sponsor (or with which Sponsor otherwise was involved) in the twelve (12)-month period culminating on July 25, 2016, then such individual (together with any other individuals sharing the same email address or living in the same household) shall be prohibited from participating in the Sweepstakes, and any entries into the Sweepstakes by such individual (or by another individual sharing the same email address or living in the same household) will be deemed null and void and ineligible for any prize drawing or other prize consideration in the Sweepstakes. All Entries become the exclusive property of Sponsor, and Entries will be neither acknowledged nor returned.
By entering the Sweepstakes and providing his/her email address, each entrant specifically acknowledges, agrees and understands that he/she periodically may receive, from Sponsor and its affiliates and agents, marketing and promotional offers and updates via email communications. By clicking on the “unsubscribe” link contained in each and any such email communication and by following the “unsubscribe” instructions, an entrant subsequently can opt out at any time from his/her receipt of such marketing and promotional email communications. An entrant’s election to unsubscribe from his/her receipt of such marketing and promotional email communications will not affect such entrant’s chances of winning a prize in the Sweepstakes.
- Prize Recipient Selection Procedure:On or about August 16, 2016 (the “Drawing Date”), Sponsor (or its agent or designee) will select, by means of a random drawing from among all eligible Sweepstakes Entries received by Sponsor during the Sweepstakes Period (the “Drawing”), one (1) potential recipient of the one (1) “Prize” (which Prize is described in greater detail in Section 7(a) below) to be awarded in the Sweepstakes. There is a limit of one (1) prize per person, per household, per email account, per Twitter account, and per Facebook account. The odds of receiving a prize will depend on the number of eligible Entries received by Sponsor during the Sweepstakes Period. Within three (3) days of the Drawing Date, Sponsor will attempt to notify the potential Prize recipient (either via email, at the email address which the potential Prize recipient furnished as part of his/her Sweepstakes Entry, or via Twitter or Facebook, at the username which the potential Prize recipient used in conjunction with his/her Sweepstakes Entry). If the potential Prize recipient cannot be contacted within seventy-two (72) business hours after Sponsor’s initial attempt to contact such individual, or if the eligibility and identity of the potential Prize recipient cannot be verified promptly (and to Sponsor’s satisfaction) after such individual is contacted, then such individual will be disqualified, and the Prize will be awarded to an alternate potential Prize recipient who is selected by means of a subsequent random drawing (from among the remaining eligible Sweepstakes Entries) to be conducted by Sponsor (or its agent or designee) shortly thereafter. In addition, any potential Prize recipient may, in Sponsor’s discretion, be required to complete, sign and return to Sponsor an Affidavit of Eligibility/Release of Liability (certifying, among other things, that the entrant meets the eligibility requirements set forth in Section 1 above) (“Affidavit”) and, if legally permissible, a Publicity Release (“Release”), with any and all such Affidavit and Release documentation to be completed, signed and returned by the potential Prize recipient to Sponsor within five (5) business days after Sponsor’s issuance of such documentation. If a potential Prize recipient fails to complete, sign and return any and all such required Affidavit and Release documentation to Sponsor within five (5) business days after Sponsor’s issuance of such documentation, then such potential Prize recipient will be disqualified, and an alternate potential Prize recipient will be selected by means of another random drawing, to be conducted by Sponsor (or its agent or designee) from among the remaining eligible Sweepstakes Entries. If a potential Prize recipient is considered to be a minor under the laws of his or her jurisdiction of residency, then Sponsor reserves the right, exercisable in its sole discretion, to award the Prize to a parent or legal guardian of such potential Prize recipient and/or to require a parent or legal guardian of such potential Prize recipient to complete, execute and deliver to Sponsor any and all required Affidavit and Release documentation.
- Potential Prize Recipient’s Compliance With Official Rules:Non-compliance by any potential Prize recipient with any provision of these Official Rules will result in the immediate disqualification of such potential Prize recipient from the Sweepstakes. In such a situation, Sponsor may (in its sole discretion), but will not be required to, select an alternate potential Prize recipient (i.e., from among the remaining eligible Sweepstakes Entries) in place of the potential Prize recipient who has been disqualified.
(a)Pursuant to the “Prize Recipient Selection Procedure” described in Section 5 above, one (1) Prize will be awarded in the Sweepstakes. The One (1) Prize will consist solely of one (1) TiVo® Mini unit, which includes TiVo service (the “Unit”). The precise model, style, color and features of the Unit shall be determined by Sponsor in its sole discretion. Each Sweepstakes entrant specifically acknowledges, agrees and understands that: (i) the Prize does not include any accessories or any insurance/protection plan; and (ii) as a condition of accepting, receiving and using the Prize, the Prize recipient must accept (either through an online click-acceptance procedure, or as part of the executed Affidavit and Release documentation, at Sponsor’s sole discretion) the then-effective version of the TiVo User Agreement. The Prize will be shipped via ground service to the Prize recipient, at the street/mailing address (not a post office box number) theretofore provided by the Prize recipient to Sponsor, such shipment to be made approximately three (3) weeks after Sponsor’s receipt and approval of the completed and signed Affidavit and Release documentation (as described in Section 5 above). The cost of shipping the Prize to the Prize recipient will be borne by Sponsor, with the precise means and mode of shipping, and the particular shipping carrier, to be determined by Sponsor in its sole discretion. The Approximate Retail Value of the Prize is One Hundred Forty-Nine Dollars and Ninety-Nine Cents ($149.99).
(b) The Prize recipient shall bear sole and full responsibility for any and all expenses, costs and fees in connection with the receipt or use of the Prize, which expenses, costs and fees are not expressly described herein as being awarded to the Prize recipient. The prompt reporting and prompt payment of any and all applicable taxes with respect to the value of the Prize, including federal, state and local income, sales and other taxes, are the sole and full responsibility of the Prize recipient. The Prize recipient may be issued an IRS Form 1099, and the value of the Prize may be considered taxable income to the Prize recipient.
(c) The Prize is awarded “as is”, with no representation, warranty or guarantee, either expressed or implied, by Sponsor. The Prize recipient is prohibited from returning, exchanging, assigning or transferring the Prize or from redeeming the Prize for cash; provided, however, that Sponsor reserves the right, exercisable in its sole discretion, to substitute the Prize with another prize of substantially equivalent or greater value if the designated Prize should become unavailable for any reason. All prize details are at Sponsor’s sole discretion.
- Release of Liability:By participating in the Sweepstakes, each entrant agrees that Sponsor, Sponsor’s parents, affiliates, subsidiaries, and advertising, marketing and promotions agencies, each such entity’s respective officers, directors, employees, shareholders, representatives and agents, Twitter, Facebook and Gleam (collectively, the “Released Entities”), will have no liability whatsoever for, and shall be held harmless by entrants from and against any liability for, any injuries, losses or damages of any kind, including death, to persons or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in the Sweepstakes, or in any activity associated therewith.
- Publicity:Except where prohibited by applicable law, participation in the Sweepstakes constitutes each prize recipient’s consent for Sponsor’s and its agents’ use of his/her name, address (city and state), likeness (photographic and/or simulated), voice, quotes, statements, opinions, biographical information, and prize information, for advertising, trade and promotional purposes, in any and all media (and on any and all platforms), whether now known or hereafter discovered, throughout the world in perpetuity, without any further compensation, notification or permission.
- General Conditions:Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of the Sweepstakes, if the Sweepstakes, or any portion thereof, is compromised by any virus, worm, bug, non-authorized human intervention, fraud, mechanical failure, or any other factor beyond Sponsor’s reasonable control that impairs the integrity, fairness, safety, security, or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, exercisable in its sole discretion, to disqualify any individual(s) it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in any unsportsmanlike, abusive, harassing, threatening or disruptive manner, and all associated Entries will be void. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and/or civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from and against any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of the individual submitting a particular Sweepstakes Entry, then the verified account holder (a) of the Twitter account from which such Entry was tweeted pursuant to subsection 4(a) or subsection 4(b) above, (b) of the Facebook account associated with the Facebook Page from which such Entry was posted pursuant to subsection 4(a) or subsection 4(b) above, or (c) of the email address from which the Entry was submitted pursuant to subsection 4(c) above, shall be deemed to be the Sweepstakes participant. In the event Sponsor is prevented from awarding a prize or from continuing with the Sweepstakes as contemplated herein by any event, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or stoppage or strike, transportation unavailability or shortage, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or insurrection, any federal, state or local government law, order or regulation, public health crisis (e.g., SARS), order of any court having jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), then subject solely to any governmental approval which may be required, Sponsor shall have the right, with or without notice, to modify, suspend or terminate the Sweepstakes or any affected portion(s) of the Sweepstakes.
- Limitations of Liability:The Released Entities are not responsible for: (a) any incorrect, inaccurate or incomplete information, whether caused by website users, tampering, hacking, or any equipment or programming associated with or utilized in the Sweepstakes; (b) lost, interrupted, inaccessible or unavailable network, server, ISP, website or other connections; computer or other technical miscommunications or failures; failed computer, satellite, telephone or cable transmissions or lines; jumbled, scrambled, delayed, indecipherable or misdirected transmissions; or computer hardware or software malfunctions, failures or difficulties; (c) unauthorized human intervention in any part of the Sweepstakes; (d) errors or difficulties of any kind, whether human, mechanical, electronic, computer, network, typographical, printing or otherwise, relating to or in connection with the Sweepstakes, including, without limitation, any error or difficulty which may occur in the operation or administration of the Sweepstakes, the processing of Entries, the announcement of the Prize, or the text of any Sweepstakes-related materials; (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an entrant’s (i) participation in the Sweepstakes or (ii) receipt or use or misuse of any prize; or (f) lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible, unintelligible, indecipherable or invalid Entries. If for any reason an entrant’s Entry into the Sweepstakes is confirmed to have been erroneously lost or otherwise destroyed, then the entrant’s sole and complete remedy is another Entry into the Sweepstakes, provided that if it is not possible to award another Entry due to discontinuance of the Sweepstakes, or of any part of the Sweepstakes, for any reason, then Sponsor, at its sole discretion, may elect (but will not be obligated) to hold a random drawing, from among all eligible Sweepstakes Entries that have been received by Sponsor up until the date and time of such discontinuance, as a means to select one (1) potential recipient of the one (1) Prize offered herein.
- Disputes:Except where prohibited by applicable law, each entrant into the Sweepstakes agrees that: (a) any and all disputes, claims, demands, actions, and causes of action arising out of or connected with the Sweepstakes, or any prize awarded in the Sweepstakes, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of California or the appropriate California State Court located in Santa Clara County, California, U.S.A. (and each entrant hereby submits to the exclusive personal and subject matter jurisdiction and exclusive venue of such courts); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by the entrant, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; (c) under no circumstances will any entrant be permitted to obtain any award(s) for, and each entrant irrevocably and in perpetuity waives any and all rights to claim, indirect, punitive, exemplary, special, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses; and (d) each entrant irrevocably and in perpetuity waives any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or of the respective rights and obligations of the entrants and Sponsor in connection with the Sweepstakes, shall be governed exclusively by, and construed exclusively in accordance with, (i) the laws of the State of California, without giving effect to any choice of law or conflicts of law rules or principles (whether of the State of California or of any other jurisdiction) which would result in the application of the state laws of any jurisdiction other than the State of California, and (ii) the federal laws of the United States of America.
- Sweepstakes Results:The name of the Prize recipient in the Sweepstakes may be obtained after August 26, 2016 by sending an email, with “TiVo Proud Ritual Sweepstakes” in the “Subject” line, to: email@example.com. Requests for the Prize recipient’s name must be received by no later than October 7, 2016.
© 2016 TiVo Inc. All rights reserved.
TIVO PROUD RITUAL SWEEPSTAKES
No purchase necessary to enter or to win. Void where prohibited. Open to legal residents of the United States and the District of Columbia who are at least 18 years of age at the time of entry and who possess a valid email address and either an active Twitter account or an active Facebook account. Sweepstakes Entry Period begins at 12:00:01 a.m., Pacific Time (“PT”), on July 26, 2016 and ends at 11:59:59 p.m., PT, on August 12, 2016. For complete Official Rules, including entry instructions and prize details, visit https://gleam.io/PIHtE/tivo-proud-ritual-sweepstakes. Sponsor: TiVo Inc.
TIVO AFFIDAVIT OF ELIGIBILITY; LIABILITY AND PUBLICITY RELEASE
TIVO PROUD RITUAL SWEEPSTAKES
I, ______________________________________________, hereby state:
- I am a legal resident of one of the fifty (50) United States or the District of Columbia.
- I am at least eighteen (18) years of age as of the date on which I entered the TiVo Proud Ritual Sweepstakes (the “Sweepstakes”).
- Neither I nor any of my immediate family or household members is employed by TiVo Inc. (“Sponsor”) or by any other company associated with the advertising, marketing, promotion or publicity of the Sweepstakes.
- I represent that I have complied with, and will continue to comply with, the Official Rules of the Sweepstakes, and that I have perpetrated no fraud or deception in entering the Sweepstakes or in claiming any prize.
- I agree and understand that I am solely and fully responsible for any and all taxes (federal, state and local), costs and expenses not specifically described as being part of the prize in the Official Rules of the Sweepstakes. In particular, I acknowledge and understand that Sponsor will be issuing to both the federal government and to me, for tax reporting purposes, a Form 1099 indicating the fair market value of any prize that may be awarded to me in the Sweepstakes. In this regard, my social security number is: ____________.
- I agree irrevocably and in perpetuity to release, discharge, defend, indemnify and hold harmless Sponsor, Sponsor’s parents, subsidiaries, affiliates, employees, directors, shareholders, officers, agents, successors and assignees, Twitter, Inc., Facebook, Inc., and Crowd9 PTY LTD (collectively, the “Released Parties”), from and against any and all claims, demands, actions, and causes of action arising out of or relating to my participation in the Sweepstakes or my receipt or use of any prize, including, but not limited to, any injury, death or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from my participation in the Sweepstakes or my receipt or use of any prize.
- I acknowledge, agree and understand that none of the Released Parties has made, or is responsible for, any representation, warranty or guarantee with relation to any prize that I may be entitled to receive in the Sweepstakes.
- I grant to Sponsor the absolute and irrevocable right and permission to use my name, city and state of residence, likeness (photographic and/or simulated), voice, biographical information, quotes, statements and opinions in any and all advertising, marketing, promotional, publicity and trade materials, or to refrain from doing so, in any manner and in any and all media (and on any and all platforms), whether now known or hereafter discovered, throughout the world in perpetuity, for advertising, marketing, promotional, publicity and other trade purposes, without notice to me and without further compensation. I understand that I shall have no right of approval over, no claim to any compensation for, and no other claim of any kind arising out of, the use, alteration, distortion, illusionary effect, or use in any composite form of my name, city and state of residence, likeness, voice, biography, quotes, statements or opinions.
- I agree and understand that if any statement I make in this Affidavit/Release is false or incomplete, then immediately upon Sponsor’s request, I will return to Sponsor the prize or the approximate retail value of the prize.
- I acknowledge, agree and understand that I will forfeit the right to receive any prize in the Sweepstakes if I fail to execute, complete and return this Affidavit/Release to Sponsor within the time period specified by Sponsor.
- I agree and understand that this is a complete, irrevocable and perpetual release and discharge of all claims and rights that I may have against any of the Released Parties, and that no action will be taken by or on behalf of me with respect to any such claims or rights. I further agree and understand that this release shall be binding, in perpetuity, upon my heirs, executors, successors and assignees.