SHUDDER GIVEAWAY OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.
The Shudder Giveaway (“Giveaway”) is sponsored by TiVo Platform Technologies LLC located at 2190 Gold St. San Jose, CA, 95002 (“Sponsor”).
1. SWEEPSTAKES PERIOD: The Giveaway begins on October 11, 2023, at 12:00:00 A.M. Pacific Time (“PT”) and ends on October 28, 2023, at 11:59:59 P.M. PT (“Giveaway Period”). Sponsors computer is the official clock of the Giveaway.
2. ELIGIBILITY: This Giveaway is offered only to legal residents of the fifty (50) U.S. States and the District of Columbia who are eighteen (18) years and older at the time of entry (19 years and older in Nebraska and Alabama). Employees of Sponsor, and each of their respective parent companies, subsidiaries and affiliates, distributors, and companies involved in the implementation and execution of the Giveaway (“Giveaway Entities”) and each of their respective immediate family members (i.e., spouse, parent, child, sibling and the “steps” of each) and persons living in the same household of each are not eligible to participate in the Giveaway. Void where prohibited or restricted by law. By participating in this Giveaway, an individual who meets the eligibility requirements, and enters the Giveaway, agrees to be bound by these official rules (“Official Rules”) and that the decisions of Sponsor shall be final and binding in all matters pertaining to the Giveaway. Each entrant may be required to furnish proof of identification and other proof of eligibility under these Official Rules.
3. HOW TO ENTER THE SWEEPSTAKES: During the Giveaway Period, Sponsor will make three (3) posts on Instagram ( “Giveaway Platform”) referencing Shudder and inviting entrants to enter the Giveaway (each a “Giveaway Post”). To submit an entry, an eligible entrant must post a comment in response to the Giveaway Post that is responsive to the Giveaway Post and follows all of the instructions in the Giveaway Post (each an “Eligible Comment”). Eligible Comments must meet the following requirements:
· not prominently include any identifiable person(s) other than the entrant unless entrant has obtained consent to appear in the video from all other identifiable persons included;
· not contain material that violates or infringes another’s rights, including, but not limited to, privacy, publicity or intellectual property rights or that constitutes copyright infringement;
· be the original work of entrant and not contain images or artwork not created by the entrant;
· not disparage Giveaways Entities, or any other person or party affiliated with the Giveaway;
· not prominently feature brand names or trademarks other than Sponsor’s trademarks in any element of the Eligible Comment;
· not promote any cause other than the Giveaway theme;
· not include personally identifiable information;
· not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous (as determined by Sponsor, at Sponsor’s sole discretion);
· not contain, facilitate, reference or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status or age (as determined by Sponsor at Sponsor’s sole discretion);
· not contain any viruses, spyware, malware or other malicious components that are designed to harm the functionality of a computer in any way; and
· not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entrant is located.
Eligible entrants who have posted an Eligible Comment will receive one entry into the Giveaway (“Entry”). In order to receive an Entry, Eligible Comment must be successfully posted during the Giveaway Period.
Entry requires an Instagram account. If an entrant does not have an Instagram account, an account can be created for free at www.instagram.com or through the Instagram mobile app. This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram.
Sponsor will process your personal information (such as your name, email address and your “clicks”) subject to our privacy policy located at https://xperi.com/privacy-policy/. By entering this Giveaway and providing your personal information, you consent to Sponsor contacting you regarding this Giveaway. If you further consent, you will be contacted for upcoming promotions and other marketing materials from Sponsor. You can opt out of the processing of your personal information at any time by contacting us at privacy@xperi.com.
Entry Limit: There is a limit of one (1) Entry per person per Giveaway Post for a maximum of three (3) Entries during the entire Giveaway Period. If more than one (1) Eligible Comment is received from the same person or account for a particular Giveaway Post, only the first Eligible Comment posted will receive an Entry.
NOTE: If entrant participates in the Giveaway using his or her mobile device, message and data rates may apply. Entrants should consult their wireless providers’ pricing plans.
Sponsor is not responsible for the privacy practices of third-party applications. The use of Instagram will be subject to that service provider’s privacy policy and terms
of use. Instagram’s privacy policy and terms of use are available at https://www.instagram.com/legal/privacy/ and https://www.instagram.com/legal/terms/. Please see the privacy policy located at https://www.xperi.com/privacy-policy/ for details of Sponsor’s policy regarding the use of personal information collected in connection with this Giveaway. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
Automated Eligible Comments are prohibited, and any use of automated devices will cause disqualification.
Entrants may not enter with multiple Instagram accounts nor may entrants use any other device or artifice to enter multiple times or as multiple registrants. Any entrant who attempts to enter with multiple Instagram accounts under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s discretion. Sponsor reserves the right to waive any rule in its sole discretion.
4. WINNER SELECTION: Three (3) winners will be selected in a random drawing from among all eligible Entries received on or about October 28, 2023. The drawing will be conducted by Sponsor, whose decision is final in all matters. Odds of winning depend on the number of eligible Entries received. Winners are deemed to be potential winners pending verification of their eligibility and compliance with these Official Rules as determined by Sponsor, at Sponsor’s sole discretion.
5. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Each of the three (3) verified winners will receive the following prize (“Prize”): one (1) TiVo Stream 4k device, one (1) Shudder Hat, and one (1) Shudder Mug. Approximate retail value (“ARV”) of each Prize is $100 and the total ARV of all Prizes is $100. No substitution, exchange or cash equivalent will be allowed, except at Sponsor’s sole discretion. Maximum one (1) Prize per eligible entrant. Each winner is solely responsible for all costs and expenses associated with the Prize not stated in these Official Rules. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept a Prize or does not properly redeem a Prize, the Prize may be forfeited at Sponsor’s sole discretion.
6. HOW TO CLAIM A PRIZE: On or about November 3, 2023, Sponsor will notify the potential winner via Instagram by direct message with instructions on how to claim the Prize. Potential winner will be required to respond with any requested information, including, but not limited to, first and last name (no initials), complete mailing address (no PO Boxes), email address, and phone number, within fourteen (14) days of attempted notification or Prize may be forfeited. If a potential winner fails to provide the information requested by the date and time stated in the prize notification, the potential winner may be disqualified. In the event any notification is returned as undeliverable, or if a potential winner does not comply with these Official Rules, he or she will be disqualified at Sponsor’s or Sponsor’s designee’s sole discretion.
Within approximately two (2) weeks after a winner is confirmed, winner will receive the Prize at the email address and/or address, as applicable, provided by winner. If the Prize is forfeited for any reason, an alternate potential winner may be selected from all remaining non-winning Entries received during the Giveaway Period as set forth in Section 5.
Winners may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within fourteen (14) days of attempted notification or prize may be forfeited.
If, after a good-faith attempt, Sponsor is unable to award or deliver a Prize, the Prize will not be re-awarded. ALL FEDERAL, STATE AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF A PRIZE ARE SOLELY THE RESPONSIBILITY OF EACH WINNER.
7. LIMITATION OF LIABILITY: By participating in this Giveaway, entrants agree the Giveaway Entities, their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters and their respective officers, directors, employees, representatives, designees and agents, and Instagram (“Released Parties”) are not responsible for lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email notifications or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections or availability; or garbled, corrupt or jumbled transmissions, service provider/Internet/Giveaway Platform accessibility, availability or traffic congestion; or any technical, mechanical, printing, or typographical or other error; or unauthorized human intervention; or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any Giveaway Platform users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Giveaway and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Giveaway Platforms or any Giveaway-related website(s). Released Parties are not responsible for any injury or damage, whether personal or property, to participants or to any person’s computer related to or resulting from participating in the Giveaway and/or accepting a Prize. Released Parties shall not be responsible or liable for Entries entered by any automated computer, program, mechanism or device; for any Entries in excess of the stated limit; or for Entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules, and all such Entries will, at Sponsor’s sole discretion, be disqualified.
If, for any reason, an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an Entry in the Giveaway, entrant’s sole remedy is to enter the Giveaway again to receive another Entry. If for any reason, the Giveaway is not capable of running as planned,
Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Giveaway and/or proceed with the Giveaway, including the selection of Winners in a manner it deems fair and reasonable. This Giveaway is subject to all applicable federal, state, and local laws and regulations.
By entering the Giveaway, each entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and by the decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his or her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Giveaway; and (iv) to forever and irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Giveaway, including, but not limited to, any Giveaway-related activity or element thereof, and the entrant’s Entries, participation or inability to participate in the Giveaway; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) typographical or printing errors in these Official Rules or any Giveaway materials; (d) acceptance, receipt, delivery of, possession, defects in, use, nonuse, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (e) change in the prizing (or any components thereof) due to unavailability or due to reasons beyond Sponsor’s control, including, but not limited to, acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or other cause beyond any of the Released Parties’ control, or as otherwise permitted in these Official Rules; (f) any interruptions in or postponement, cancellation or modification of the Giveaway; (g) human error; (h) incorrect or inaccurate transcription, receipt or transmission Entry (including, without limitation, registration information or any parts thereof); (i) any technical malfunctions or unavailability of the Giveaway Posts or Giveaway Platforms, or any telephone network, computer system, computer online system, mobile device, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant; and (j) interruption or inability to access the Giveaway, the Giveaway Platforms or any other Giveaway-related websites or any online service via the Internet due to hardware or software compatibility problems.
Without limiting the foregoing, everything regarding this Giveaway, including the Prize, is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied
warranties, therefore some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
8. DISPUTES: This Giveaway is governed by, and will be construed in accordance with, the laws of the state of California, and the forum and venue for any dispute shall be in San Jose, California. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by the American Arbitration Association in accordance with its arbitration rules and procedures or subsequent versions thereof (“AAA Rules”). The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in California. All proceedings brought pursuant to this paragraph will be conducted in San Jose, California. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential or incidental damages or have damages multiplied or otherwise increased, including attorneys’ fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. Entrants agree that the rights and obligations of any entrant and/or Giveaway Entities and/or any other party shall be resolved individually, without resort to any form of class action. Any demand for arbitration must be filed within one (1) year of the time the cause of action occurred, or the cause of action shall be forever barred.
9. PUBLICITY RIGHTS: By participating in the Giveaway and/or accepting a Prize, each entrant agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use his or her name, biographical information, video, photos and/or likeness, and statements for Giveaway, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including live television and advertising, worldwide, including but not limited to on the Internet, without notice, review or approval and without additional compensation except where prohibited by law.
10. GENERAL: Any attempted form of participation in this Giveaway other than as described herein is void. Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Giveaway, to be acting in violation of these Official Rules or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of a Giveaway. Any use of robotic, automatic, macro, programmed, third-party or like methods to participate in the Giveaway may void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. In the event of any conflict with any Giveaway details contained in these Official Rules, and Giveaway details contained in any Giveaway promotional materials (including, but not limited to, point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Giveaway as set forth in these Official Rules shall prevail.
11. WINNERS LIST: To obtain the name of the winners, interested individuals should send an email to giveaways@xperi.com with the subject line: “Shudder Giveaway Winners List. Winner list will only be accepted after October 27, 2023, and must be received by January 27, 2024.