THE DVD.COM HAPPY HOLIDAYS SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
SWEEPSTAKES VOID IN ALASKA, HAWAII, AND WHERE OTHERWISE PROHIBITED BY LAW.
TIMING: The DVD.com Happy Holidays Sweepstakes (the “Sweepstakes”) entry period begins at 12:01 AM Pacific Time ("PT") on November 20, 2017 and ends at 11:59:59 PM PT on January 8, 2018 (hereinafter, "Sweepstakes Period"). The computer of the Sweepstakes application is the official time-keeping device of this Sweepstakes.
SPONSOR: NEXT LEVEL MARKETING DBA ENTERTAINMENT MARKETING GROUP, 1750 Ocean Park Blvd, Suite 204, Santa Monica, CA 90405 (hereinafter, “Sponsor”). The Sponsor will be solely responsible for the operation of this Sweepstakes including, but not limited to, the hosting and management of the Sweepstakes website, collection of entries, selection of prize winners and the fulfillment of all prizes awarded in this Sweepstakes. DVD.com, MartinLogan, Anthem, and Royole are not a Sponsor of this Sweepstakes and are not responsible for the collection, submission or processing of entries, the administration of the Sweepstakes, the selection of winners or the fulfillment of prizes. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Samsung.
ELIGIBILITY: SWEEPSTAKES ENTRANTS MUST BE U.S. CITIZENS WHO ARE LEGAL RESIDENTS OF THE FORTY-EIGHT (48) CONTIGUOUS UNITED STATES (EXCLUDING ALASKA AND HAWAII) AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AT TIME OF ENTRY TO BE ELIGIBLE. Only natural persons may enter this Sweepstakes. Employees of the Sponsor, DVD.com, MartinLogan, Anthem, Royole and each of their respective distributors, wholesalers and retailers, and each of their respective parent companies, affiliates, subsidiaries, agents, and advertising, promotion, fulfillment and/or judging agencies (collectively, the “Related Entities”), and the family members of each are not eligible to enter or win a prize in the Sweepstakes. For purposes of this paragraph, “family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law and all lineal descendants, including those by adoption. Sweepstakes subject to all applicable federal, state, and local laws and regulations.
RANDOM DRAWING/SELECTION OF WINNERS: One (1) potential Grand Prize Winner, three (3) potential First Prize Winners and six (6) potential Second Prize Winners will be selected in a random drawing to be conducted on or about January 16, 2018 from among all eligible Entries received. The random drawing will be conducted by an independent judging organization whose decisions on all matters relating to this Sweepstakes are final and binding. Odds of winning a prize will depend upon the number of eligible Entries received during the Sweepstakes Period. Sponsor shall have no liability for any prize winner notification that is lost, intercepted or not received by a potential prize winner for any reason. Proof of identify, age and/or legal residence may be required to claim a prize. Sweepstakes entrants agree to be bound by the decisions of the Sponsor and the judging organization, which are final and binding on all matters pertaining to this Sweepstakes. Potential prize winners will be notified by email to the email address provided at the time of Entry. Sponsor will make two (2) attempts to notify a potential prize winner via a valid email address within forty-eight (48) hours, in which the potential prize winner will be sent a potential prize winner notification to the email address provided. Potential Grand Prize Winner and each potential First Prize Winner will be required to complete, sign and return an Affidavit of Eligibility and Liability and Publicity Release, unless prohibited by law, within fourteen (14) days of email notification. Potential Second Prize Winners will be required to complete, sign and return a Prize Verification Form, Publicity Release unless prohibited by law, within fourteen (14) days of email notification. A potential prize winner may be disqualified under any the following circumstances; i) if he/she cannot be reached by Sponsor within the specified time period; ii) if a prize notification or email correspondence is returned as undeliverable or phone call is not answered; iii) if a potential prize winner is found to be ineligible; iv) if a potential prize winner does not return the required Affidavit of Eligibility/Liability or a Prize Verification Form within required time period; v) if a potential winner is unwilling to accept the prize; and/or vi) if a potential prize winner does not comply with these Official Rules. In the event a prize is won by a minor, his/her prize may be awarded in the name of his/her parent/legal guardian who will be required to sign the Affidavit of Eligibility and Liability/Publicity Release or Prize Verification Form/Publicity Release. In the event a potential prize winner is disqualified for any reason, Sponsor will award that prize to an alternate prize winner in a Random Drawing from among all remaining eligible Entries. Sponsor is not responsible for fraudulent calls or emails made to entrants not by Sponsor, or for any change of entrant’s email, telephone or mailing address. Potential prize winners are subject to verification. Limit one (1) prize per household.
PRIZES AND THEIR APPROXIMATE RETAIL VALUES (“ARV”): ONE (1) GRAND PRIZE: Grand Prize consists of one (1) ULTIMATE 7.1.2 immersive home theater package from MartinLogan and Anthem which includes ten (10) MartinLogan speakers and one (1) Anthem MRX 720 receiver. ARV of Grand Prize: $10,000.; THREE (3) FIRST PRIZES: Each First Prize consists of one (1) Royole Moon 3D Mobile Theater to be designated by Sponsor. ARV of each First Prize: $700.; and SIX (6) SECOND PRIZES: Each Second Prize consists of one (1) Samsung Galaxy S2 Tablet to be designated by Sponsor. ARV of each Second Prize: $350. Total ARV of all prizes: $14,200. Any difference between a stated ARV and actual value of any prize will not be awarded. All prize details will be determined by the Sponsor in its sole discretion. Sponsor shall not be liable for any loss or liability for fulfillment of any prize. All costs and expenses associated with the receipt and use of prizes are the sole responsibility of the individual prize winners. Prize winners may not choose the cash value in lieu of a prize. No substitution, assignment, redemption for cash or transfer of any prize is permitted. The Sponsor will have the right, if any prize or prize component cannot be awarded due to circumstances beyond the Sponsor’s reasonable control or for any other reason as determined by the Sponsor, to award a substitute prize or prize component of equal or greater value as determined by Sponsor in Sponsor’s sole discretion. Sponsor has not made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and prize winners agree to look solely to such manufacturers for any such warranty and/or guarantee. Prize winners (where applicable) are solely responsible for paying all federal, state and local taxes on prizes (or any portion thereof). Grand Prize and First Prize Winners will be required to provide Sponsor with his/her social security number for tax purposes. The United States Internal Revenue Service requires Form 1099MISC to be issued and filed for any U.S. resident who receives a prize if the annual aggregate value of the prize received is $600 or more. Sponsor will issue a Form 1099MISC to the Grand Prize Winner and each First Prize Winner for the total fair market value of the prize he/she receives. Any prize details and restrictions not specified above will be determined by the Sponsor in its sole discretion.
GENERAL: The Sponsor reserves the right, in its sole discretion, at any time, to reject or disqualify any Entry that is deemed ineligible or for any reason that the Sponsor feels is necessary and/or appropriate, including without limitation, if that entrant has not complied with the Official Rules or has interfered, in Sponsor’s sole opinion, with the proper conduct of the Sweepstakes. By participating, each entrant, on his/her behalf and on behalf of his/her respective heirs, executors, administrators, legal representatives, successors and assigns (collectively, the "Releasing Parties"), releases and agrees to indemnify, defend, and hold harmless the Sponsor, DVD.com, MartinLogan, Anthem, Royole and each of their respective distributors, wholesalers and retailers, the Related Entities, and all other persons or entities involved in the administration or advertising of this Sweepstakes or in the provision of any prize or prize component and the respective employees, officers, directors, members, shareholders, partners and agents of each (all of the foregoing, "Released Parties") from any and all actions, causes of actions, suits, claims and liability of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, that the Releasing Party ever had, now has or might in the future have arising in any way from or related to this Sweepstakes, including without limitation any claims, demands, injuries, costs, attorney fees, rights, liabilities or causes of action arising in any way from or relating to the entrant’s participation in the Sweepstakes, the acceptance or use of any prize, the use by any of the Licensees (as defined below) of any Entry or any component thereof or any other exercise by any of the Licensees of the rights granted herein (including, but not limited to, any use of an entrant’s name, likeness, voice and/or biographical information). The foregoing release includes, without limitation, a release of any and all liabilities, claims, actions, suits, proceedings or demands based upon or alleging any invasion of privacy, violation of right of publicity or infringement of any intellectual property or other personal or proprietary rights, or any personal injury or death to an entrant or any other person or any property damage or loss. Entrants assume all liability for and risk of any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or the acceptance or use of any prize. Each Releasing Party releases each of the Released Parties from any and all actions, causes of actions, suits, claims and liability arising from or relating to, and the Released Parties shall not be liable for, any: (1) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible Entries, (2) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (3) data corruption, theft, destruction or loss (including, without limitation, loss of any Entry) or unauthorized access to or alteration of an Entry or other materials; (4) any injuries, losses or damages of any kind caused by the participation in the Sweepstakes; (5) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes; (6) any unauthorized use of Entries by third parties; or (7) any other human or technical error of any kind relating to the submission, collection, storage or processing of entries or the administration of the Sweepstakes. The Sponsor disclaims any liability for and will not be liable for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Sweepstakes. The Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should a virus, bug, computer problem, unauthorized intervention or other cause that corrupts or impairs the administration, security, fairness or proper play of the Sweepstakes. The Sponsors may disqualify any entrant if, in its sole discretion, it determines she/he is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other entrants or the Sponsor, the judges or their respective representatives. The Sponsor shall not be responsible if the Sweepstakes or prize fulfillment cannot be implemented or does not take place for any reason including delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism, including without limitation, or for any reason outside of the Sponsor’s control. By participating, entrants acknowledge that Sponsor does not waive any rights to use similar or related ideas without any restriction whatsoever, or further obligation to entrant. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of any Entry based on an email address, the Entry will be declared made by the Authorized Account Holder of the email address submitted at time of Entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. By participating in this Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of the Sponsor, which are final and binding in all respects. The Released Parties are not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of prizes. In no event will more than the number of prizes stated in these Official Rules be awarded. By entering the Sweepstakes, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (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; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Each entrant’s sole and exclusive remedy with respect to any and all claims, causes of action and/or lawsuits relating to or arising out of the Sweepstakes shall be an action at law for the recovery of monetary damages only. Each entrant agrees that in no event shall the entrant have the right to enjoin or otherwise interfere with the exercise by the Released Parties or any of the Licensees of any of their rights hereunder or to terminate or rescind any of the rights granted herein. Non-compliance with these Official Rules may result in disqualification. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in Santa Monica County in the State of California, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules.
GRANT OF RIGHTS: By entering the Sweepstakes, each entrant irrevocably grants permission to the Sponsor and each of their parent companies, subsidiaries and affiliates, each of their successors, and the respective agents and licensees of each of the foregoing and those each of them may designate from time to time (all of the foregoing, the “Licensees”) to use and authorize the use of the entrant’s name, photograph, likeness, voice and biographical information, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, for commercial purposes (including, without limitation, advertising and promotion), without further compensation, unless prohibited by law.
WINNERS LIST /OFFICIAL RULES: To obtain a list of prize winners, (available after January 31, 2018), or a copy of the Official Rules, send a self-addressed, stamped #10 envelope (to be received by February 28, 2018) to: DVD.com Happy Holidays Sweepstakes, c/o EMG Promotions, 1750 Ocean Park Blvd, Suite 204, Santa Monica, CA 90405. Please specify “Official Rules” or “Winners List” on the outer envelope.