THE BIG BANG THEORY / CALL ME KAT
“Soft Kitty” Sweepstakes
OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR
WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES
OF WINNING.
ODDS OF WINNING ARE DEPENDENT
UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE
PROHIBITED BY LAW. POTENTIAL PRIZEWINNER
MUST RESPOND TO AN INITIAL NOTIFICATION FROM SPONSOR WITHIN TWENTY-FOUR (24)
HOURS OF NOTIFICATION. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE
ACCEPTANCE AGREEMENT WILL BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY
BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS
ACTION FORMAT.
ENTRY PERIOD:
The entry period for THE BIG BANG THEORY / CALL ME KAT “Soft Kitty”
Sweepstakes (“Sweepstakes”),
sponsored by Warner Bros. Domestic Television Distribution (“Sponsor”),
begins Thursday, January 13, 2022, at 6:00:00 a.m.
Pacific Time (“PT”) and ends at 5:59:59 a.m. PT on Saturday, January 15,
2022 (the “Sweepstakes Period”). Any
attempted form of entry into the Sweepstakes other than as described herein is
void.
ELIGIBILITY:
The Sweepstakes is open only to individuals who meet the following
criteria at the time and date of entry and through award of the prizes: (a) are
eighteen (18) years of age (or age of majority in their jurisdiction of
residence, if over 18) or older, who (only applicable if using text method of
entry) have a registered wireless account with Short Message Services (“SMS”) capability and/or wireless
internet service, and (b) are a citizen or legal resident of and physically
residing in one (1) of the fifty (50) United States or the District of
Columbia. This Sweepstakes is void in Puerto Rico, Guam, American Samoa, all
other United States territories, possessions, and protectorates, foreign based
United States military installations and wherever restricted or prohibited by
law. Any person who attempts to participate in this Sweepstakes, regardless of
whether they satisfy the above eligibility requirements and/or ultimately enter
the Sweepstakes successfully, is referred to in these Official Rules as an
“Entrant”.
Sponsor, THE BIG BANG THEORY, CALL ME KAT (including all entities
involved in the production and/or promotion of THE BIG BANG THEORY or CALL ME
KAT and their advertising agencies), any broadcaster airing THE BIG BANG THEORY
in syndication, any broadcaster airing CALL ME KAT, Chuck Lorre Productions, Warner Bros.
Television, WarnerMedia, Warner Bros. Entertainment
Inc., AT&T, WarnerMedia Direct, LLC., Fox
Broadcasting Company, LLC, any other party participating in the design,
operation, promotion, or fulfillment of this Sweepstakes, and all of their
respective partners, parent companies, divisions, subsidiaries, affiliates,
trustees, advertising, promotion and public relations agencies, and prize
suppliers, and their respective officers, directors, employees, agents,
independent contractors, representatives and agencies (collectively, the “Sweepstakes Entities”) are not eligible to participate in the
Sweepstakes and/or win a Prize (as defined below). Additionally, immediate
family members of any such ineligible person and persons living in the same
household as any such ineligible person (whether related or not) are not
eligible to win. For the purposes of this Sweepstakes, “immediate family
members” is defined as spouse, domestic partner, mother, father, grandmother,
grandfather, children, siblings and their spouses, and
“persons living in the same household” shall mean people who share the same
residence at least three (3) months a year, whether legally related or not.
By entering this
Sweepstakes, Entrants agree to be bound by these Official Rules and the
decisions of the Sponsor, which are final and binding in all respects and
cannot be challenged or appealed.
HOW TO ENTER:
You may enter via
SMS or online. (Entrants initiating the entry process via SMS must then
complete an online entry form to finish submitting their entry.) Upon
submission of an entry, Entrant will be prompted with an opportunity via a
pop-up notice to obtain bonus entries to the Sweepstakes. Please refer to
“Sweepstakes Share Bonus Entry” as described below for information and
restrictions.
Entries received before and/or after the Sweepstakes
Period will be void. All entries become the sole property of Sponsor and will
not be acknowledged or returned.
Sponsor’s
computer will serve as the official timepiece for the Sweepstakes.
To Enter:
1. Online Entry:
If Entrant meets the eligibility criteria set forth
above, Entrant may enter the Sweepstakes by going to the website located at https://softkittysweepstakes.com/ during the Sweepstakes Period and following the steps
below:
A. Watch the FOX network episode of CALL
ME KAT (the “Show”) on Thursday, January
13, 2022, at 8pm ET & PT (7pm) CT (check your local listing for time of
broadcast). During the broadcast of the Show on Thursday, January 13, 2022, an
entry word will appear on screen (the “Secret
Clue”).
B. Also, on Friday, January 14, 2022,
the Secret Clue will appear on the screen during the broadcast of the
syndicated episode of THE BIG BANG THEORY (check your local listing for time of
broadcast).
C. Entrant must then access the
Sweepstakes webpage via the banner located at https://softkittysweepstakes.com/ and clicking the banner.
D. Entrant must then complete and submit
the Sweepstakes entry form, including all of the
following:
·
All required
contact information requested on the Sweepstakes page, including, but not
limited to, Entrant’s first name, last name, e-mail address, mailing address,
and phone number(s) (“Personal
Information”).
·
Entrant will
also be required to check a box acknowledging that Entrant has read and accepts
this Sweepstakes’ Official Rules.
E. Entrant must then enter the correct Secret
Clue. The applicable Secret Clue will be valid during the Sweepstakes Period.
An incorrect Secret Clue will disqualify Entrant’s entry from being included in
the applicable Prize drawing. If the Show did not feature a Secret Clue, you
may enter by typing “None” in the appropriate field of the entry form. A
qualifying entry requires all of the following elements
submitted via https://softkittysweepstakes.com/:
1.
Acknowledgment
that Entrant meets the eligibility requirements criteria:
a.
Entrant is at
least eighteen (18) years of age; (or age of majority in their jurisdiction of
residence, if over 18);
b.
Entrant is a
citizen or legal resident of and physically resides in one (1) of the fifty
(50) United States or the District of Columbia. (As indicated above, the
Sweepstakes is void in and excludes residents of Puerto Rico, Guam, American
Samoa, any other United States territories, possessions, and protectorates,
foreign based United States military installations and wherever restricted or
prohibited by law or by this Sweepstakes’ Official Rules);
2.
The required
Personal Information, as described above; and
3.
The correct Secret
Clue or if none was provided “None.”
F. Limit one (1) entry into the
Sweepstakes per person, regardless of the number of email addresses they may
have, through this Online Entry method.
2. SMS Text Entry:
By participating in the Sweepstakes via SMS text entry,
Entrant is agreeing to receive up to four (4) automated marketing messages per
request to the mobile number provided at entry. Consent is not a condition of
purchase or entry. Neither Sponsor, any other Sweepstakes Entity, nor the
wireless carriers are liable for delayed or undeliverable messages. Privacy
policy: http://www.warnerbros.com/privacy-center-wb-privacy-policy. Text HELP for help. Text STOP to
cancel. Message & data rates may apply.
If Entrant meets the eligibility criteria set forth
above, Entrant may also enter the Sweepstakes by completing the following
steps:
A. Watch the FOX network episode of CALL
ME KAT on Thursday, January 13, 2022 at 8pm ET &
PT (7pm) CT (check your local listing for time of broadcast). During the
broadcast of the Show on Thursday, January 13, 2022, a Secret Clue (defined
above) will appear on screen.
B. Also, on Friday, January 14, 2022,
the Secret Clue will appear on the screen during the broadcast of the
syndicated episode of THE BIG BANG THEORY (check your local listing for time of
broadcast).
C. Entrant may enter the Sweepstakes by
texting the applicable Secret Clue that appeared on the Show to 55225 during
the Sweepstakes Period on which such Secret Clue appears in a broadcast of a
syndication episode of the Show. An incorrect Secret Clue will disqualify Entrant’s
entry from being included in the applicable Prize drawing. If CALL ME KAT or
THE BIG BANG THEORY did not feature a Secret Clue, Entrant may submit “None” to
55225 for that Broadcast Day’s entry. Message rates and other carrier fees may
apply.
D. If Entrant texts the correct Secret
Clue during the Sweepstakes Period, they will receive a response message from
Sponsor instructing Entrant to visit a designated web page to complete their
entry. Entrant will be required to follow all on-screen instructions requested
to complete the entry and will be required to provide the required Personal
Information.
E. If selected as a Prizewinner (as
defined below), Sponsor or their authorized agent will send a text message to
Entrant with a URL to a special Sweepstakes website. The website will provide
Entrant with instructions on how to claim a Prize (subject to Sponsor’s
verification process). Receipt of the text message is not in and of itself
evidence that Entrant has won a Prize. All potential Prizewinners are subject
to verification.
F. Limit one (1) entry into the
Sweepstakes per person, regardless of the number of phone numbers they may have
during the Sweepstakes Period through this SMS Text Entry method, up to a
maximum of one (1) total entry during the Sweepstakes Period using this method.
By entering via text message, Entrant certifies that
Entrant satisfies the eligibility requirements (see above) and is the wireless
account holder or has the account holder’s permission. Up to four (4) text
messages are typically delivered per text entry. In addition to any entry or
submission, Entrant’s carrier’s message and data rates may apply. Sponsor will
not be liable for any delays in the receipt of any text messages as delivery is
subject to effective transmission from Entrant’s network provider. Text
messages are provided on an “as-is” basis. Data obtained by Sponsor in
connection with text message entries may include Entrant’s Personal Information,
wireless carrier’s name, and the date, time and
content of the message. Such information may be used by Sponsor to contact
Entrant.
Entrant’s entry (or entries) must be received by Sponsor
between 6:00:00 a.m. PT on Thursday, January 13, 2022 and
5:59:59 a.m. PT on Saturday, January 15, 2022. The Secret Code is valid until
5:59:59 a.m. PT on Saturday, January 15, 2022.
It is the sole responsibility of the Entrant to notify
Sponsor in writing of any changes to Personal Information, including email
addresses, by mailing such notice (for receipt during the Sweepstakes Period)
to: THE BIG BANG THEORY “Soft Kitty” Sweepstakes, c/o Warner Bros. Domestic
Television Distribution, 4001 W. Olive Avenue #4018, Burbank, CA 91505. All
entries and related correspondence become property of Sponsor and will not be returned.
PRIZEWINNER SELECTION PROCESS:
There
will be one (1) National Grand Prizewinner selected in this Sweepstakes. The
National Grand Prizewinner is individually referred to herein as a “Prizewinner”. The Grand
Prize, is referenced hereinafter as “Prize”.
The potential Prizewinner will be selected through a
random drawing on or about January 19, 2022 from all
eligible entries received for that specific drawing in accordance with these
Official Rules. The National Grand Prizewinner will be selected through a
random National Grand Prize drawing from among all eligible entries received during
the Sweepstakes Period. Decisions of the Sponsor as to the selection of the Prizewinner
will be final. If declared a Prizewinner, Entrant shall be awarded a maximum of
one (1) Prize regardless of the number of eligible entries submitted by
Entrant.
If a potential Prizewinner is found ineligible or fails
to comply with these Official Rules, that individual’s claim to a Prize is
forfeited and an alternate qualifying and eligible Entrant may be contacted at
Sponsor’s sole discretion. Sponsor reserves the right to conduct a background
check on any Prizewinner as a condition of awarding a Prize.
All Prizes legitimately claimed will be awarded.
NATIONAL
GRAND PRIZEWINNER:
One
(1) National Grand Prizewinner will receive the following: A Prize of One Thousand Dollars ($1,000) which
may be awarded as cash, cash equivalent, or gift card to Prizewinner.
LOCAL
CAT RESCUE DONATION: A One Thousand
Dollar (US $1,000) donation to a local cat rescue (each a “Rescue”) in the
National Grand Prizewinner’s designated market area (DMA) will be made by
Sponsor in the name of Prizewinner (the “Donation”). The Donation may be awarded to the Rescue as
cash, cash equivalent, or gift card as determined by Sponsor. For clarity, Sponsor will make the Donation
directly to the applicable Rescue in the name of Prizewinner.
Estimated Retail Value (“ERV”) of the National Grand
Prize: One Thousand Dollars (US $1,000.00).
TOTAL COMBINED ARV OF PRIZE
AND DONATION: Two Thousand Dollars (US $2,000.00).
Prizewinner will be required to review and execute
further contracts and releases provided by Sponsor to receive the applicable
Prize. (See the “Prizewinner Notification” section below for details.) All
terms and conditions of the Sponsor Affidavit (defined below) or other
prize-acceptance documentation, as well as any other rules, regulations and
guidelines of Sponsor shall be applicable to the Prize.
PRIZEWINNER
NOTIFICATION:
Prizewinner will be notified using the Personal
Information provided during entry by any of email, telephone, mail, text
message, a post on the potentially winning entry, or through a direct message
on a social media platform (if applicable) (method to be selected by Sponsor in
its sole discretion) in a commercially reasonable time after the drawing. The
potential Prizewinner must respond within twenty-four (24) hours of
notification, and in accordance with the instructions in the notification, or
the Prize may, in Sponsor’s sole discretion, be forfeited. The Sweepstakes
Entities are not responsible for false, incorrect, changed, incomplete or
illegible contact information. Notification is deemed to have occurred
immediately upon sending of an email, text, direct message on a social media
platform, and/or placing of a phone call, one (1) day after sending via a
delivery service, or two (2) days after mailing. A potential Prizewinner who
provides a P.O. Box may be required to provide an alternative physical address
and this may cause a delay in notification and acceptance, so use of a P.O. Box
is discouraged. The Sweepstakes Entities are not responsible for electronic
communications that are undeliverable as a result of
any form of active or passive filtering of any kind, insufficient space in
Entrant’s email or voicemail inbox to receive messages, or any limitations
associated with receipt or delivery of text messages or direct messages.
The potential Prizewinner may be required to submit an
affidavit of eligibility / release of liability / prize acceptance agreement
(collectively, the “Affidavit”) and
return the Affidavit within the time period specified
at notification before being eligible to receive their Prize. In addition, for
any prize with a value of $600 or more, or in the event the potential
Prizewinner has been awarded prizes in other promotions operated by Sponsor for
which this prize will cause the total value of all prizes received in a
calendar year from the Sponsor to be $600 or more, the potential Prizewinner
shall be required to return a completed IRS Form W-9 to the Sponsor prior to
Sponsor’s delivery of the prize (the “W9”). All Prize claims, including any
required Affidavit, are subject to verification by Sponsor. If the potential
Prizewinner fails or refuses to sign and return such Affidavit and W-9 within
the time period required by Sponsor or if the Prize or
Prize notification is returned as rejected, faulty, unclaimed or returned as
undeliverable to such potential Prizewinner, such potential Prizewinner may be
disqualified and an alternate Prizewinner may be selected. Non-compliance shall
result in disqualification. If the potential Prizewinner is found to be
ineligible, or if they have not complied with these Official Rules and all
other additional or supplemental rules or instructions, or declines a Prize for
any reason prior to award, such potential Prizewinner may be disqualified and
an alternate potential Prizewinner may be selected. If, for any reason, more
bona fide Prizewinners come forward seeking to claim Prizes in
excess of the number of each type of Prize set forth in these Official
Rules, the Prizewinners, or remaining Prizewinners, as the case may be, of the
advertised number of Prizes available may be selected in a random drawing from
among all persons making purportedly valid claims for such Prize(s). Inclusion
in such drawing shall be each Entrant’s sole and exclusive remedy under such
circumstances. The Sweepstakes Entities are not responsible for and shall not
be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful
efforts to notify the potential Prizewinner.
ADDITIONAL
PRIZE INFORMATION:
Sponsor reserves the right to conduct a
background check on potential Prizewinner, and each potential
Prizewinner agrees to execute any additional documentation necessary for and to
cooperate fully in any such background check conducted by or on behalf of
Sponsor. Sponsor reserves
the right in
its sole discretion to disqualify any potential Prizewinner based on the
results of such background check, if the Sponsor or the Sweepstakes Entities determines in its sole discretion
that awarding the Prize to such potential Prizewinner might reflect negatively
on Sponsor or the Sweepstakes Entities, or put Sponsor or the Sweepstakes Entities in danger, or subject Sponsor or the Sweepstakes
Entities to undue risk. Sponsor and the Sweepstakes Entities are not obligated to share any
specific results of
background check with any potential Prizewinner, whether the background check resulted in a
disqualification or not.
Sponsor will not replace any lost or stolen cash, cash
equivalent, tickets, or gift cards, or other forms of prize distributed. In the
event of such a loss, Sponsor shall have the right, in Sponsor’s sole
discretion, to disqualify Prizewinner or to award to Prizewinner the remaining
elements of the Prize which shall constitute full satisfaction of Sponsor’s
prize obligation to Prizewinner and no additional compensation will be awarded.
Any taxes (federal, state, and
local) and all other costs and expenses associated with Prize acceptance or use
and not specified in these Official Rules as being part of the Prize will be
the sole responsibility of the Prizewinner. Any Prize details not specified in
these Official Rules will be determined by Sponsor in its sole discretion.
Sponsor reserves the right to substitute the Prize or any portion thereof with
another Prize or Prize component of equal or greater value for any reason, including
unavailability of the stated Prize. Entrants waive the right to assert, as a
cost of winning the Prize, any and all costs of
verification and any liability and publicity which might arise from claiming or
seeking to claim said Prize.
If Prizewinner does not accept
the entire Prize, the unaccepted Prize (or part of the Prize) will be forfeited and Sponsor will have no further obligation with
respect to the Prize or any portion of the Prize. Sponsor will have no
liability for a potential Prizewinner’s failure or inability to accept the
Prize for any reason. Any failure to use the Prize after acceptance does not
relieve the Prizewinner of their tax obligations associated with winning the
Prize. No transfers, prize substitutions or cash redemptions will be made,
except at Sponsor’s sole discretion. Prizewinner is strictly prohibited from
selling, auctioning, trading or otherwise transferring the opportunity to
receive the Prize, except with Sponsor’s permission, which may be granted or
withheld for any reason in its sole discretion. Prizes will only be shipped or
otherwise provided to the verified Prizewinner’s address in the fifty (50) United
States or D.C. (unless Sponsor agrees otherwise in its sole discretion).
PRIVACY
STATEMENT:
Entrant’s Personal Information will be utilized by
Sponsor for fulfillment of Sweepstakes Prize and to comply with legal
requirements, and otherwise in accordance with Sponsor’s Privacy Policy. To
review Sponsor’s Privacy Policy, go to http://www.warnerbros.com/privacy-center-wb-privacy-policy. To review Sponsor’s Terms of Use,
which apply to your use of the https://softkittysweepstakes.com/ site, go to http://www.warnerbros.com/terms-use. By entering this Sweepstakes,
Entrant accepts and agrees to abide by all Sponsor policies and terms.
OWNERSHIP
AND LICENSE:
All Sweepstakes related materials, including submission
entries (“Submission”) becomes the property of Sponsor and will not be
acknowledged or returned. The copyright in any Submission shall remain the
property of Entrant, but entry into this Sweepstakes constitutes Entrant’s
irrevocable and perpetual permission and consent, without further compensation,
right to review, or attribution, to use, reproduce, print, publish, transmit,
distribute, sell, perform, adapt, enhance, make derivative works of, or display
such Submission for any purpose, including, but not limited to, editorial,
advertising, trade, commercial, and publicity purposes by Sponsor and/or others
authorized by Sponsor, in any and all media now in existence or hereafter
invented, throughout the universe, for the duration or the copyright in the
Submission. Sponsor and/or others authorized by Sponsor shall have the right to
use, distribute, perform, display, print, publish, transmit, make derivative
works of, edit, adapt, and modify the Submission. All Entrants submitting
materials/content as part of the Sweepstakes will be non-exclusively licensing
(with the unlimited right to sublicense) to Sweepstakes Entities the right to
use Entrant’s name, social media account username, and likeness, for any purpose
(including any and all commercial purposes). Entrant
represents and warrants that the materials submitted will not infringe or
violate any right whatsoever, including, without limitation, any personal
rights (e.g., defamation, privacy, false light, moral right, etc.) or any
property rights (e.g., copyright, trademark, right to ideas, etc.) of any
person or entity and the use thereof will result in no third-party liability or
obligations. Any Entrant posting or submitting content with obscene or other inappropriate
material may be disqualified by Sponsor, in its sole and absolute discretion.
Any use of any of the Sweepstakes Entities trademarks or
copyright interest for any purpose not authorized by Sweepstakes Entities is
strictly prohibited and may subject Entrant to civil and/or criminal liability.
PUBLICITY
GRANT:
Subject to applicable law, each Entrant irrevocably
grants the Sweepstakes Entities and each of their licensees, and its and their
successors, assigns and sub-licensees the right and permission to use their
name, voice, likeness, social-media username, biographical material, any
content included in an entry, and any other personal attribute or identifier
for advertising, promotional and/or publicity purposes, in all forms of media
and by all manners (now and hereafter known), worldwide, in perpetuity, without
any compensation, obligation, notice or consideration except for the awarding
of the Prize(s) to the Prizewinners.
NO WARRANTIES:
ALL
PRIZES ARE PROVIDED “AS IS” AND “with all faults.” sweepstakes ENTITIES make no
warranties, express or implied, in fact or in law, relative to the use or
enjoyment of any prize, or any portion thereof, including, without limitation,
its quality, merchantability or fitness for a particular purpose. Any and all
warranties for a prize, or any portion thereof – IF ANY – are contained in the
manufacturers’ or service providers’ warranties, as relevant.
All trademarks are the property of their respective
owners. The use of certain companies’ products and services as Prizes does not
imply participation in, approval of, or endorsement of this Sweepstakes by such
companies.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION:
By entering, ALL ENTRANTS IN
THE SWEEPSTAKES, ENTRANT’s
HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS release and
agree to defend, indemnify and hold harmless ALL sweepstakes ENTITIES, and all
entitieS involved in the production, sponsorship and/or promotion of the prize,
or any part thereof, including without limitation, the producers of fox’s
programs, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (THE “RELEASED PARTIES”) From and against any and all claims, demands,
losses and causes of action for any DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL
CONSEQUENTIAL, punitive, AND INCIDENTAL DAMAGES), liability, loss, INJURY,
EXPENSE, cost, fees (including attorneys’ fees), including, without limitation,
damage to PERSON (INCLUDING DEATH) OR personal or real property, due, in whole
or in part, directly or indirectly, by reason of THE acceptance, possession,
REDEMPTION, MISDIRECTION, use or misuse of ANY prize OR ANY PORTION OF ANY
PRIZE (including any activity OR TRAVEL related thereto) or participation in
the sweepstakes and the ACTIVITIES OR FOR ANY And all claims based on rights of
publicity and rights of privacy WHETHER any of these things are CAUSED, IN
WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE
SPONSOR AND/OR ANY OTHER RELEASED PARTY.
DISCLAIMERS:
By participating in the Sweepstakes, Entrant agrees to
release, discharge, indemnify, and hold harmless the Released Parties from and against any and all claims, liability,
costs (including attorneys’ fees), losses, damages, fines or injuries (up to
and including bodily injury and death) of any kind arising out of or related
to: (i) Entrant’s participation in the Sweepstakes
(including travel to/from any Sweepstakes activity and attendance at any event
or activity); (ii) any acceptance, possession, misuse or use of any Prize
(including, without limitation, losses, damages or injuries to Entrant’s or any
other person’s equipment or other property, or to their persons, including
those arising from any travel to/from and participation in any Prize event or
activity); (iii) the Released Parties’ violation of rights of publicity or
privacy, claims of defamation or portrayal in a false light or based on any
claim of infringement of intellectual property; and (iv) any typographical,
human or other error in the printing, offering, selection, operation or
announcement of any Sweepstakes activity and/or Prize. Without limiting the
generality of the foregoing, Entrant agrees that the Released Parties have
neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or
in law, in connection with the Sweepstakes and/or with respect to Prizes,
including, without limitation, to any Prize’s quality or fitness for a
particular purpose. Entrant agrees that the Released Parties shall have no
responsibility or liability for discontinued prizes; human error; incorrect or
inaccurate transcription of registration and/or account information; any
technical malfunctions of the telephone or data network, computer online
system, computer dating mechanism, computer equipment, software, social media
platform, or Internet service provider utilized by Sponsor; interruption or
inability to access the website, application or any online service via the
Internet due to hardware or software compatibility problems; any damage to
Entrant’s (or any third person’s) computer or mobile device and/or its contents
related to or resulting from any part of the Sweepstakes; any lost/delayed data
transmissions, omissions, interruptions, viruses, bugs, defects; and/or any
other errors or malfunctions, even if caused by the negligence of the Released
Parties. The Released Parties are not responsible for any changes or
unavailability of the wireless carrier, internet service provider, or the social
media platform used for purposes of administering this Sweepstakes that may
interfere with the Sweepstakes (including any limitations, any restrictions, or
any conditions on Sponsor’s ability to use the website, SMS text service, or
social media platform for the Sweepstakes as set forth herein that are not
acceptable to Sponsor) or ability of Entrant to timely enter, receive notices,
or communicate with Sponsor via the website, SMS text service, or social media
platform, in which case Sponsor, in its sole discretion, may terminate or
modify the Sweepstakes.
The Sweepstakes Entities are not responsible for human
errors or for any damaged, tampered with, delayed, illegible, incomplete,
inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated,
mass machine-generated, unintelligible, incomprehensible, stolen entries or
entries otherwise not in compliance with these Official Rules. In addition,
Sweepstakes Entities are not responsible for any typographical errors in these
Official Rules, Sweepstakes content or any advertising materials for the
Sweepstakes, Prize Notification, Prize award, or for any kind of computer,
electronic, hardware, software, Internet, network, data, technical or telephone
failures and/or problems caused by the Sponsor and/or the other Sweepstakes
Entities or the user, or by any of the equipment or programming associated with
or utilized in the Sweepstakes, or by any human, typographical, electronic,
network or other error that may occur in receiving and/or processing of the
entries in the Sweepstakes, or by infection by computer viruses, bugs,
tampering, unauthorized intervention, fraud or technical failure.
If the Sweepstakes becomes compromised, hampered,
interrupted, not capable of running as planned, rendered impossible of performance
in any way, or prevented, including, without limitation, because of any kind of
computer viruses, bugs, electronic, hardware, software, Internet, network,
technical or telephone failures, tampering, unauthorized intervention, fraud,
an event of force majeure, or
any other cause created by Sponsor and/or the other Sweepstakes Entities, any
user or Entrant or a third party, or by any of the equipment or programming
associated with or utilized in the Sweepstakes, Sponsor reserves the right, at
its sole discretion, to change the Official Rules, to cancel, modify, suspend,
or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify,
suspend, or withdraw any method of entry, without notice, and select
Prizewinners from all valid entries received for the Sweepstakes prior to or
after the cancellation, modification, suspension or withdrawal (if any) or to
otherwise award any Prize(s) as deemed fair and appropriate by Sponsor in its
sole discretion. As used herein, an event of force majeure shall be deemed to
include, without limitation, an act of God or public enemy; an act or threat of
terrorism, war (declared or undeclared), riot or civil commotion, fire, flood,
natural or man-made epidemic/pandemic of health or other means, earthquake, explosion,
riot or civil disturbance, public health crisis (e.g. COVID-19, SARS, Ebola,
Measles), cyber or ransomware attack, casualties, satellite or equipment
failure, boycott, labor dispute, strike or stoppage (including a strike by the
members of any union), labor or material shortage, transportation interruption
of any kind, an act, regulation, order, guidance, or request of or by any
federal, state or local authority or quasi-governmental entity (whether or not
the act, regulation, order, guidance, or request proves to be invalid); order
or any court or jurisdiction; or any other cause not reasonably within
Sponsor’s control.
GENERAL
CONDITIONS OF ENTRY:
All Entrants, as a condition of entry, agree that they
have not been required to purchase any kind of Internet, wireless, or data
service whatsoever in order to participate in and/or
enter the Sweepstakes. The Sweepstakes Entities are not responsible for the
actions of Entrants in connection with the Sweepstakes, including Entrants’
attempts to circumvent the Official Rules or otherwise interfere with the
administration, security, fairness, integrity or
proper conduct of the Sweepstakes. Persons found tampering with or abusing any
aspect of this Sweepstakes, or whom Sponsor believes
to be causing malfunction, error, disruption or damage may be disqualified.
Additionally, any attempt to cheat the Sweepstakes, as determined in the sole
and absolute discretion of Sponsor, may result in immediate disqualification of
Entrant, as well as other possible consequences, including disqualification
from any and all existing and future sweepstakes. ANY
ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM
OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY
BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND
EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT
PERMITTED BY LAW. Sponsor reserves the right, in its sole and absolute
discretion, to disqualify (or terminate the Prize of) any individual who is
found to be, or suspected of, acting in violation of these Official Rules, or
to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or
with the intent to annoy, abuse, threaten or harass any other person.
Entrant further understands and agrees that all rights
under Section 1542 of the Civil Code of California (“Section 1542”) and any
similar law of any state or territory of the United States that may be applicable
with respect to the foregoing release(s) are hereby expressly and forever
waived. Entrant acknowledges that Section 1542 provides that: “A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR
SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT,
IF KNOWN BY THEM, WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all
claims not known or suspected to exist with the intent of waiving the effect of
laws requiring the intent to release future unknown claims.
GOVERNING
LAW:
The parties agree that the Sweepstakes and these Official
Rules will be governed, construed, and interpreted under the laws of the State of
California, without giving effect to any choice of law or conflict of law rules
(whether of the State of California or any other jurisdiction) which would
cause the application of the laws of any jurisdiction other than the State of
California.
DISPUTE
RESOLUTION:
Entrant, Sponsor, and the other Released Parties (each, a
“Party” and collectively the “Parties”) each agree to fully and
finally settle all disputes pertaining to the Sweepstakes, administration of
the Sweepstakes, and/or these Official Rules only through binding arbitration;
provided, however, Sponsor shall be entitled to seek injunctive or equitable
relief in the state and federal courts in Los Angeles County, California and
any other court with jurisdiction over the Parties. In arbitration, there is no
judge or jury and review is limited. The arbitrator’s
decision and award are final and binding, with limited exceptions, and judgment
on the award may be entered in any court with jurisdiction. The Parties agree
that, except as set forth above, any claim, suit, action or proceeding arising
out of or relating to this Sweepstakes shall be resolved solely by binding
arbitration before a sole arbitrator under the Streamlined Arbitration Rules
& Procedures of JAMS Inc. (“JAMS”)
or any successor to JAMS. In the event JAMS is unwilling or unable to set a
hearing date within fourteen (14) days of the filing of a “Demand for
Arbitration”, then either Party can elect to have the arbitration administered
by the American Arbitration Association (“AAA”)
or any other mutually agreeable arbitration administration service. If an
in-person hearing is required, then it will take place in Los Angeles, California
or – where required by the arbitration service’s rules – in or near your home town. The federal or state law that applies to these
Official Rules will also apply during the arbitration. Disputes will be
arbitrated only on an individual basis and will not be consolidated with any
other proceedings that involve any claims or controversy of another party, including
any class actions; provided, however, if for any reason any court or arbitrator
holds that this restriction is unconscionable or unenforceable, then the
agreement to arbitrate doesn’t apply and the dispute must be brought in a court
of competent jurisdiction in Los Angeles County, California. Sponsor agrees to
pay the administrative and arbitrator’s fees in order to
conduct the arbitration (but specifically excluding any travel or other costs
of Entrant to attend the arbitration hearing). Either Party may,
notwithstanding this provision, bring qualifying claims in small claims court.
LIMITATION
OF LIABILITY:
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE
EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES
OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE
AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS
ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL
THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS
($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C)
UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR,
AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE,
INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER
DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS
($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED;
AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY)
AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE
RELIEF, PROVIDED HOWEVER THAT NOTHING IN THESE OFFICIAL RULES WILL RESTRICT A
CALIFORNIA RESIDENT’S RIGHT (IF ANY) TO PURSUE PUBLIC INJUNCTIVE RELIEF AS
PERMITTED BY LAW IN ACCORDANCE WITH THE DISPUTE-RESOLUTION PROVISION ABOVE.
MISCELLANEOUS:
The invalidity or unenforceability of any provision of
these Official Rules or the Affidavit will not affect the validity or
enforceability of any other provision. In the event that
any provision of the Official Rules or the Affidavit is determined to be
invalid or otherwise unenforceable or illegal, the other provisions will remain
in effect and will be construed in accordance with their terms as if the
invalid or illegal provision were not contained herein. Sponsor’s failure to
enforce any term of these Official Rules or any other guidelines, instructions,
policies, or term will not constitute a waiver of that provision. Entrant
agrees to waive any rights to claim ambiguity of these Official Rules. Headings
are solely for convenience of reference and will not be deemed to affect in any
manner the meaning or intent of the documents or any provision hereof. In the
event there is a discrepancy or inconsistency between disclosures or other
statements contained in any Sweepstakes-related materials, privacy policy or
terms of use on any website, social media platform or application and/or the
terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in
Sponsor’s sole and absolute discretion.
WINNER
LIST:
To receive the Prizewinners’ list, send a stamped
self-addressed envelope to: “Sweepstakes Winners’ List”, Warner Bros. Domestic
Television Distribution, 4001 W. Olive Ave., #4018, Burbank, CA 91505
(Attn: The Big Bang Theory Marketing) within
sixty (60) days of expiration of the Sweepstakes Period. Please indicate which
Sweepstakes winners’ list you are requesting by referencing the name of the
Sweepstakes in your request.
OFFICIAL
RULES:
For
a copy of the Official Rules, go to https://softkittysweepstakes.com/ during the Sweepstakes Period.
SPONSOR:
This Sweepstakes is sponsored by Warner Bros. Domestic Television
Distribution, 4001 West Olive Ave., Burbank, CA 91505.
Reference to third parties or events in connection with prizes and/or
third-party websites or services are for reference and identification purposes
only and not intended to suggest endorsement, sponsorship or affiliation with
Sponsor or the Sweepstakes.
Warner Bros., ‘THE BIG BANG THEORY’, and their logos are
trademarks of Warner Bros. Entertainment, Inc. and are used with permission. All
trademarks, service marks, logos, products, or service names are the property
of their respective owners. All Rights Reserved. This Sweepstakes is in no way
sponsored, endorsed or administered by, or associated
with AT&T, Apple, Inc., Google, LLC, Alphabet, Inc., or any other
third-party not specifically designated by Sponsor. Information is being
provided solely to Sponsor in accordance with these Official Rules.
© 2022 Warner Bros. Domestic Television Distribution. All rights
reserved.