NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the fifty (50) United States and the District of Columbia. Subject to all federal, state and local laws, regulations, and ordinances. The Promotion begins on February 9, 2016 at the time the Official Promotion Announcement (defined in Section 3, below) is posted on Twitter® (the Official Promotion Announcement will be posted after 9:59 PM Eastern Time (“ET”)), and the Promotion ends on February 9, 2016 at 11:59 PM ET (the “Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion.
1. ELIGIBILITY: The Zoe Ever After Flash Giveaway (the “Promotion”) is open only to legal U.S. residents currently residing in the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old as of the date of entry. Employees, officers, and directors of Black Entertainment Television LLC (“Sponsor”) or any of its parents, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, and advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household (whether related or not) are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.
ELIGIBLE PERSONS MUST HAVE AN ACTIVE PUBLIC TWITTER® ACCOUNT PRIOR TO ENTERING AND SHALL NOT REGISTER FOR A TWITTER ACCOUNT FOR THE SOLE PURPOSE OF PARTICIPATING IN THIS PROMOTION.
2. SPONSOR: Black Entertainment Television LLC, One BET Place, 1235 W Street, NE, Washington, DC 20018. The Promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc.
3. HOW TO ENTER:
(a) You must follow @BET on Twitter;
(b) On February 9, 2016, Sponsor will post a tweet on Twitter, through its @BET user account, directing eligible persons to retweet it in order to enter the Promotion (said tweet is referred to herein as the “Official Promotion Announcement”);
(c) You must retweet the Official Promotion Announcement;
(d) Retweets must comply with the following guidelines:
(i) RETWEETS MUST NOT contain material which is (or promote activities which are), as determined by Sponsor in its sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the Entry is created in their application; and
(ii) RETWEETS MUST NOT contain material that violates any law or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement.
Limit: LIMIT ONE (1) ENTRY PER PERSON THROUGHOUT THE PROMOTION PERIOD. ADDITIONAL ENTRIES WILL BE DISQUALIFIED. Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the entrant. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities, forms, accounts, registrations, email addresses, logins, or any other methods will void that participant’s entries, and that participant may be disqualified at Sponsor’s discretion. Multiple participants are not permitted to share the same Twitter account. In the event of a dispute as to any entry, the authorized account holder of the Twitter account provided with the entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned the account by Twitter. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries from an invalid, non-working, or inactive account will be disqualified and ineligible to win. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.
4. Selection and Verification of Winners: On or around February 10, 2016, Sponsor will select fifteen (15) potential prize winners through random drawings from among all eligible entries received during the Promotion Period. The odds of winning a prize are based on the number of eligible entries received. The potential winners will be notified via Twitter direct message on or around February 12, 2016. EACH POTENTIAL WINNER MUST RESPOND TO THE WINNER NOTIFICATION WITHIN SEVENTY-TWO (72) HOURS OF NOTIFICATION BEING SENT; IF SPONSOR DOES NOT RECEIVE A RESPONSE FROM A POTENTIAL WINNER WITHIN THAT TIME (AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION), THAT POTENTIAL WINNER WILL BE DISQUALIFIED AND AN ALTERNATIVE POTENTIAL WINNER WILL BE SELECTED THROUGH A RANDOM DRAWING FROM AMONG ALL REMAINING ELIGIBLE ENTRIES. EXCEPT WHERE LEGALLY PROHIBITED, EACH POTENTIAL WINNER MAY BE REQUIRED TO SIGN AND RETURN, WITHIN SEVEN (7) DAYS OF BEING NOTIFIED (AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION), AN AFFIDAVIT OF ELIGIBILITY / LIABILITY AND PUBLICITY RELEASE (THE “AFFIDAVIT”) IN ORDER TO CLAIM HIS/HER PRIZE. If (i) a potential winner cannot be contacted in person by Twitter direct message after the first attempt to contact him/her, (ii) a potential winner fails to sign and return the Affidavit within the required time period (if applicable), or (iii) a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries for the applicable prize. Up to three (3) alternate drawings will be held for each prize, after which the prize will remain un-awarded.
Verification of Potential Winners: All potential WINNERS are subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. An entrant is not a winner of any prize unless and until entrant’s eligibility HAS been verified and entrant has been notified that verification is complete.
5. Prizes: Fifteen (15) prizes are available to be awarded in this Promotion. Each prize consists of one (1) gift bag containing “Zoe Moon”-branded, promotional cosmetic makeup products. The Approximate Retail Value (“ARV”) of each prize is Seventy-five U.S. dollars ($75.00 USD). The total ARV of all prizes to be awarded in this Promotion is one thousand one hundred twenty-five U.S. dollars ($1,125.00 USD).
PRIZE RESTRICTIONS: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including but not limited to, air or ground transportation, meals, incidentals, surcharges, service charges or facility charges, security fees and/or other expenses, are the responsibility solely of winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes or components of a prize. Only the number of prizes stated in these Official Rules is available to be won in the Promotion.
6. GENERAL CONDITIONS: Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Promotion, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prizes at random from among the eligible, non-suspect entries received up to the time of the impairment.
7. LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT SPONSOR, TWITTER, INC., AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING, BUT NOT LIMITED TO, THE PRIZES AND ANY WEBSITE ASSOCIATED WITH THE PROMOTION, ARE 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 EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. PUBLICITY. EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROMOTION CONSTITUTES EACH ENTRANT’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY (INCLUDING THE ENTRANT’S POSTED PHOTOGRAPH), NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
9. DISPUTES. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Federal or state court located in New York, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and 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 the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
11. WINNERS LIST: For a list of winners, available for sixty (60) days after verification of all winners, send a self-addressed, stamped envelope to: “Zoe Ever After Flash Giveaway February 9”, Business & Legal Affairs, Black Entertainment Television LLC, One BET Plaza, 1235 “W” Street, NE, Washington, D.C. 20018. Washington and Vermont residents may omit return postage when requesting this information.
Copyright ©2016 Black Entertainment Television LLC. All trademarks and logos used herein are trademarks of Black Entertainment Television LLC or their respective owners. All rights reserved.