Crackle's Gear Giveaway Sweepstakes
CRACKLE’S GEAR GIVEAWAY SWEEPSTAKES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
The “CRACKLE’S GEAR GIVEAWAY SWEEPSTAKES” (the “Sweepstakes”) starts at 10:00 a.m. Pacific Time (“PT”) on February 7, 2012 and ends at 11:59 p.m. PT on March 19, 2012 (“Sweepstakes Period”). During the Sweepstakes Period, entry will take place online through an application (the “Application”) accessible on the “Contest” tab on the Crackle page on Facebook. The sponsor of the Sweepstakes is Crackle, Inc., 10202 West Washington Blvd., 2nd Floor - Harry Cohn Building, Culver City, CA 90232 (the “Sponsor”). The Sweepstakes shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein.
ELIGIBILITY: THE SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (THE “ELIGIBILITY AREA”), EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF THE DATE OF THEIR ENTRY WHO ARE MEMBERS OF FACEBOOK AND WHO “LIKE” THE FOLLOWING PAGE (THE “PAGE”): www.facebook.com/crackle. Employees of Sponsor, and any of Sponsor’s parents, subsidiaries, affiliates, advertising and promotion agencies, and other Sponsor-authorized designees associated with the design, administration, prize providing and/or fulfillment of the Sweepstakes (collectively, the “Sweepstakes Entities”), as well as members of such employees’ immediate families (spouses, children, siblings, parents, grandparents and their respective spouses, regardless of where they reside) and/or households (whether or not related), are not eligible to participate in the Sweepstakes or win. Void in Puerto Rico, all U.S. territories and possessions and overseas military installations and where prohibited or restricted by law. A prize won by an individual who is at least eighteen (18) years of age but considered a minor in his or her legal jurisdiction of residency (“Minor”) will be awarded in the name of said Minor’s parent or legal guardian.
HOW TO ENTER THE SWEEPSTAKES: There are six (6) entry periods (each, an “Entry Period”) during the Sweepstakes Period, as set forth below. Each Entry Period is a separate chance to win. During the Sweepstakes Period, log into your Facebook account and visit and “Like” the Page, if you have not already done so. Each Entry Period will begin and end as follows:
Entry Period #1: Begins at 10:00 a.m. PT on February 7, 2012 and ends at 11:59 p.m. PT on February 13, 2012;
Entry Period #2: Begins at 10:00 a.m. PT on February 14, 2012 and ends at 11:59 p.m. PT on February 20, 2012;
Entry Period #3: Begins at 10:00 a.m. PT on February 21, 2012 and ends at 11:59 p.m. PT on February 27, 2012;
Entry Period #4: Begins at 10:00 a.m. PT on February 28, 2012 and ends at 11:59 p.m. PT on March 5, 2012;
Entry Period #5: Begins at 10:00 a.m. PT on March 6, 2012 and ends at 11:59 p.m. PT on March 12, 2012;
Entry Period #6: Begins at 10:00 a.m. PT on March 13, 2012 and ends at 11:59 p.m. PT on March 19, 2012.
PRIZES: There are twenty (20) prizes (each, a “Prize”) available to be awarded in the Sweepstakes, as follows:
Entry Period #1: One (1) grand prize consisting of an Xbox 360 4GB (Approximate Retail Value or “ARV”: $199.99) and two (2) runner-up prizes, each consisting of a Crackle key chain, Crackle branded popcorn and a Crackle t-shirt (ARV: $15/each) (each, a “Runner-Up Prize”).
Entry Period #2: Three (3) grand prizes, each consisting of a Roku 2 HD Streaming Player (ARV: $59.99/each) and two (2) Runner-Up Prizes (ARV: $15/each).
Entry Period #3: One (1) grand prize consisting of a Sony PlayStation 3 160GB (ARV: $249.99) and two (2) Runner-Up Prizes (ARV: $15/each).
Entry Period #4: One (1) grand prize consisting of an Apple iPad 2 16GB+WiFi (ARV: $499.99) and two (2) Runner-Up Prizes (ARV: $15/each).
Entry Period #5: One (1) grand prize consisting of a Sony Tablet S 16GB (ARV: $499.99) and two (2) Runner-Up Prizes (ARV: $15/each).
Entry Period #6: One (1) grand prize consisting of a Sony Internet TV Blu-ray Disc Player (ARV: $299.99) OR a 40” Sony Internet Television (ARV: $999.99) and two (2) Runner-Up Prizes (ARV: $15/each).
The total ARV of all Prizes available to be awarded in the Sweepstakes is $2,809.92. The winner of a Prize may be referred to herein as the “Prize Winner.” Each Prize is non-transferable, non-assignable, non-substitutable and may not be redeemed for cash. Sponsor reserves the right to substitute a Prize with one of comparable or greater value at any time in its sole discretion. Each Prize may not be sold, bartered or exchanged by Prize Winner. All federal, state and local taxes and any other costs and expenses associated with Prize acceptance and use not specified herein as being provided, are the sole responsibility of Prize Winner. All Prize details are at Sponsor’s sole discretion. Each Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.
WINNER SELECTION: At the conclusion of each of the six (6) Entry Periods, the number of potential Prize Winners corresponding to the number of Prizes available for such Entry Period will be selected by Sponsor in a series of random drawings from among all eligible Sweepstakes Entries received during such Entry Period, for a total of twenty (20) random drawings in the Sweepstakes (each, a “Random Drawing”). Sponsor’s decision regarding the result of each Random Drawing shall be final and binding. Each potential Prize Winner will be notified by email within twenty-four (24) hours of the Random Drawing and will be required to respond to the notification email within twenty-four (24) hours, verifying eligibility and providing required information including, without limitation, mailing address for delivery of the Prize. If such notification is undeliverable or no response is received from potential Prize Winner within twenty-four (24) hours of the time of notification or attempted notification, then such potential Prize Winner will be disqualified, and an alternate Prize Winner may be selected in Sponsor’s sole discretion. Potential Prize Winner (or potential Prize Winner’s parent or legal guardian if the potential Prize Winner is considered a minor in the legal jurisdiction in which he or she resides) may be required to execute and return a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release Form [and a completed IRS W-9 form] within five (5) days of issuance. Potential Prize Winner’s failure to return all required forms in this five (5) day time period may result in the potential Prize Winner being disqualified and an alternate Prize Winner being selected at Sponsor’s sole discretion. Each Prize will be delivered within sixty (60) days of the completion of the Prize Winner determination/verification process via mail or other delivery service selected at the sole discretion of the Sponsor. If any Prize notification or Prize is returned as undeliverable for any reason, Sponsor may decide, in its discretion, to award such Prize to an alternate eligible Entrant.
Acceptance of a Prize constitutes permission (except where prohibited) granted to Sponsor to use the Prize Winner’s name, likeness, picture, voice, biographical information and statements for publicity, advertising, trade and promotional purposes in connection with the Sweepstakes in any and all media and manner and by any and all means now known or hereafter devised in perpetuity worldwide without additional compensation or limitation of any kind, and without the need to get any further consent.
RELEASE OF LIABILITY/GENERAL CONDITIONS: Sweepstakes Entities shall not be responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device) or for Entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, mutilated, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with these Official Rules, and all such Entries will be disqualified. By entering the Sweepstakes, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor 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/her rights to bring any claim, action, or proceeding against any of the Sweepstakes Entities or Facebook in connection with the Sweepstakes; and (iv) to release, indemnify, and hold harmless each of the Sweepstakes Entities and Facebook and each of their respective officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the “Releasees”), from any liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Releasees have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the use, by any Entrant, of the Application, and any claims made by any such Entrant’s friends that their publicity, privacy and/or other proprietary rights were violated by such Entrant’s use of the Application, (b) the Sweepstakes, including but not limited to any Sweepstakes-related activity or element thereof, and the Entrant’s Entry, participation or inability to participate in the Sweepstakes, (c) typographical errors in these Official Rules or any Sweepstakes promotional materials, (d) acceptance, possession, defects in, use, misuse or inability to use a Prize (or any component thereof) (including any activity related thereto), (e) any change in the prizing (or any components thereof) due to unavailability, business or other considerations, or for any other reasons beyond Sweepstakes Entities’ control, including but not limited to by reason of any 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 any other cause, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Sweepstakes, (g) mechanical, electronic, computer, network, human or other errors, including, without limitation, any errors or problems that may occur in connection with the administration of the Sweepstakes, the allowing of access to the Application, and the determination and announcement of the Prize Winner, (h) incorrect or inaccurate transcription, receipt or transmission of Entries (including, without limitation, the Entry information or any parts thereof), (i) any technical malfunctions or unavailability of the Site, the Application, the Page or any telephone network, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail or delivery service utilized by any of the Releasees or by an Entrant, (i) interruption or inability to access the Sweepstakes, the Page, the Site, the Application or any online service via the Internet due to hardware or software compatibility or other problems, (k) 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, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, misdirected, delayed, garbled, corrupted, destroyed or incomplete Entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Releasees and/or (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof).
Proof of submitting an Entry is not considered proof of delivery or receipt. Illegible, incomplete, mechanically reproduced Entries, and Entries in excess of the number stated above (if any), will be disqualified. Entries will not be acknowledged or returned. False, fraudulent or deceptive Entries or acts shall render Entrants ineligible.
If for any reason the Sweepstakes is not capable of running as planned, or if the Sweepstakes or the Application (or any portion(s) thereof) becomes corrupted or does not allow the proper conduct of the Sweepstakes or processing of Entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes or the granting of the Prize, Sponsor reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend the Sweepstakes or any portion thereof. In the event the Sweepstakes is cancelled or terminated, and to the extent possible as determined by Sponsor, Sponsor will conduct random drawings (as detailed above) to select the Prize Winners from among all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation and/or termination, and to award the Prize(s) (or any awardable portion(s) thereof) using the Prize Winner determination procedure outlined above. In the event that Sponsor determines that there are no eligible Entrants, Sponsor reserves the right in its sole discretion to not award any Prize (or any portion thereof). ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE PAGE, THE SITE OR THE APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR 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 PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If a dispute arises about the identity of an Entrant, the Entry will be deemed submitted by the authorized account holder of the email account provided in the Sweepstakes Entry and he/she must comply with these Official Rules. The “authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses. A potential Prize Winner may be requested to provide the Sponsor with proof that the potential Prize Winner is the authorized user of the email account associated with the winning Entry and that all eligibility and other requirements are met.
ARBITRATION: BY ENTERING INTO THE SWEEPSTAKES, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES (INCLUDING WITHOUT LIMITATION ITS PRIZING), THE APPLICATION OR ITS USE, OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES, CALIFORNIA, BEFORE A SINGLE ARBITRATOR. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
GOVERNING LAW: Each Entrant acknowledges that the internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these Official Rules or the Sweepstakes.
OFFICIAL WINNERS’ LIST/OFFICIAL RULES: For an Official Winners’ List (available after March 31, 2012), or a copy of these Official Rules, send a self-addressed, stamped envelope to: “CRACKLE’S GEAR GIVEAWAY SWEEPSTAKES” (please specify Official Winners’ List or Official Rules), 10202 W. Washington Blvd, Culver City, CA 90232 Attention: Bilal Kaiser. All requests must be received by April 30, 2012. The Official Rules are also available during the Sweepstakes Period on the Page.
Any questions, comments or complaints regarding the Sweepstakes should be directed to the address above and not to Facebook.