TiVo Roamio OTA Launch Giveaway Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
2. 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.
3. Timing: The entry period for the Sweepstakes (a) begins on May 12, 2016 at 12:00:01 a.m., Pacific Time (“PT”), and (b) ends on June 1, 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.
4. How to Enter:
(a) As the sole method for entering the Sweepstakes and being included in the Sweepstakes prize recipient selection procedure described in Section 5 below, an eligible entrant is required to visit https://www.facebook.com/TiVo/app/152351391599356/ (the “Entry Page”) and to follow the instructions on the Entry Page for completing and submitting an Entry during the Entry Period through one or more of the following means:
(i) (A) locate on Sponsor’s Twitter page one of the “anagram” posts relating to the TiVo Roamio OTA DVR; and (B) solely during the Entry Period, reply to this anagram post by (I) clicking on the “reply” icon at the bottom of the anagram post, (II) including in your reply a correct “anagram” answer (i.e., an answer which, by using exactly one time apiece each of the original letters of the subject word or phrase in Sponsor’s anagram post but no additional letters, rearranges those letters to produce a different English word or phrase), together with both the hashtag #TiVo RoamioOTA and the hashtag #Sweepstakes as part of your reply; and (III) clicking “tweet” to post your reply. During the Sweepstakes Period, Sponsor will place on its Twitter Page a total of three (3) anagram posts: the first anagram post will appear on or about May 12, 2016, the second anagram post will appear on or about May 19, 2016, and the third anagram post will appear on or about May 26, 2016. You may reply one time, and only one time, to each such anagram post. Each correct anagram answer will entitle you to one Entry into the Sweepstakes. Consequently, if you reply to each of the three (3) anagram posts will a correct anagram answer, you can accumulate a total of three (3) Sweepstakes Entries pursuant to this subparagraph 4(a)(i).
(ii) (A) visit Sponsor’s Facebook page, the URL of which is https://www.facebook.com/tivo; and (B) solely during the Entry Period, (I) comment on an “anagram” post (relating to the TiVo Roamio OTA DVR) which is contained on Sponsor’s Facebook Page and (II) include within your comment a correct “anagram” answer (i.e., an answer which, by using exactly one time apiece each of the original letters of the subject word or phrase in Sponsor’s anagram post but no additional letters, rearranges those letters to produce a different English word or phrase), together with both the hashtag #TiVoRoamioOTA and the hashtag #Sweepstakes, as part of your comment. During the Sweepstakes Period, Sponsor will place on its Facebook Page a total of three (3) anagram posts: the first anagram post will appear on or about May 12, 2016, the second anagram post will appear on or about May 19, 2016, and the third anagram post will appear on or about May 26, 2016. You may comment one time, and only one time, on each such anagram post. Each such comment which contains a correct anagram answer will entitle you to one Entry into the Sweepstakes. Consequently, if you comment on each of the three (3) anagram posts with a correct anagram answer, you can accumulate a total of three (3) Sweepstakes Entries pursuant to this subparagraph 4(a)(ii).
(iii) provide a valid email address, together with such accompanying identifying and contact information which you may be prompted to provide (e.g., first name, last name, telephone number, etc.) (an “Email Entry”). You may submit (A) a maximum of one Email Entry during the portion of the Sweepstakes Period commencing at 12:00:01 a.m., PT, on May 12, 2016 and ending at 11:59:59 p.m., PT, on May 18, 2016, (B) a maximum of one Email Entry during the portion of the Sweepstakes Period commencing at 12:00:01 a.m., PT, on May 19, 2016 and ending at 11:59:59 p.m., PT, on May 25, 2016, and (C) a maximum of one Email Entry during the portion of the Sweepstakes Period commencing at 12:00:01 a.m., PT, on May 26, 2016 and ending at 11:59:59 p.m., PT, on June 1, 2016. Consequently, you can accumulate a total of three (3) Sweepstakes Entries pursuant to this subparagraph 4(a)(iii).
By visiting the Entry Page and then completing and submitting an Entry during the Sweepstakes Period by any of the three (3) means described in subsection 4(a)(i), 4(a)(ii) or 4(a)(iii) 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 tweeted reply pursuant to subsection 4(a)(i) above, nor his/her Facebook post comment pursuant to subsection 4(a)(ii) above, will: (A) 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; (B) violate the right of privacy or right of publicity of any person or entity; (C) 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; (D) 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); (E) 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 (F) promote discrimination, racism, bigotry, hatred, or harm against any group or individual. Entries generated by script, macro or other automated means are void.
(b) There is a maximum limit of nine (9) total entries (i.e., as discussed at greater length above, a maximum of three (3) entries pursuant to subsection 4(a)(i) above, a maximum of three (3) entries pursuant to subsection 4(a)(ii) above, and a maximum of three (3) entries pursuant to subsection 4(a)(iii) above) 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 (i) submits more than nine (9) total entries during the Sweepstakes Period, (ii) submits more than three (3) entries pursuant to subsection 4(a)(i) above, (iii) submits more than three (3) entries pursuant to subsection 4(a)(ii) above, (iv) submits more than three (3) entries pursuant to subsection 4(a)(iii) above, or (v) violates any of the restrictions set forth in the second sentence of this subsection 4(b), 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 May 12, 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.
(c) 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.
5. Prize Recipient Selection Procedure: On or about June 6, 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.
6. 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 a TiVo Roamio® OTA 1 TB DVR unit (the “Unit”), which unit includes a TiVo service subscription for the lifetime of such particular 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 Three Hundred Ninety-Nine Dollars and Ninety-Nine Cents ($399.99).
(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.
8. 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.
9. 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.
10. 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 message-Entry was tweeted, or (b) of the Facebook account associated with the Facebook Page from which such post-Entry was shared, 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, 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.
11. 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 copy 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, 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.
12. 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, 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 conflict 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.
14. Sweepstakes Results: The name of the Prize recipient in the Sweepstakes may be obtained after June 13, 2016 by sending an email, with “TiVo Roamio OTA Launch Giveaway” in the “Subject” line, to: firstname.lastname@example.org. Requests for the Prize recipient’s name must be received by no later than July 22, 2016.
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