Holiday Cheesecakes Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., EXCLUDING NEW MEXICO, WHO ARE AT LEAST 18 YEARS OF AGE AT TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Promotion Period: The “Holiday Cheesecakes Sweepstakes” (the “Promotion”) begins November 1, 2012, at 12:01:01 AM Eastern Time (“ET”), and ends on November 21, 2012, at 11:59:59 PM ET (the “Promotion Period”). All entries (“Entries” or “Entry”, as described below) must be received by 11:59:59 PM ET on November 21, 2012. Entries submitted past the expiration of the Promotion Period will not be accepted and will be destroyed.
2. Sponsor and Administrator: The Promotion is sponsored by Crown Media United States, LLC, and The Cheesecake Factory Incorporated (each a “Sponsor” or “Co-Sponsor” and collectively “Sponsors” or “Co-Sponsors”). The Promotion is administered by Brandmovers, Inc. (“Administrator”).
3. Eligibility: The Promotion is open to legal residents of the fifty (50) United States and D.C., excluding New Mexico, who are at least 18 years of age at time of entry. Employees of Sponsors, affiliates, subsidiaries and members of their immediate families or persons residing in the same household are not eligible to enter or win. You are also not eligible if you or any member of your immediate family or household (whether or not related) is (A) an employee, officer or director of (1) Sponsors, Administrator, any of their respective dealers or distributors, or parent companies, affiliates or subsidiary companies (collectively, the "Promotional Parties"), (2) any of the Promotional Parties’ other promotional partners, advertising or promotions agencies, sponsors of promotional materials, internet promotion developers, judging or administration organizations, or auditing or legal firms and other parties engaged in the production, promotion, administration or execution of the Promotion (“Promotion Entities”), or (B) an owner/operator or person responsible for purchasing or promotion decisions at retailers or dealers that sell any of Sponsor’s products. “Immediate family” means parents, children, stepparents, stepchildren, siblings, stepsiblings and spouses, whether or not living at the same residence.
4. How to Enter: To enter the Promotion, an Entrant (“Entrant”) must visit www.hallmarkchannel.com (the “Website”), click on the “Sweepstakes” tab, and follow the onscreen instructions to submit an Entry by filling out the required fields and agreeing to and accepting these Official Rules. Completing the aforementioned steps will earn an Entrant one (1) entry (each an “Entry”) into the Promotion. Limit one Entry per Entrant per day throughout the Promotion Period.
Note: Any information provided by you in connection with this Promotion is collected by Crown Media United States, LLC, for purposes of administering the Promotion; for more information on how this information is used for such purpose, please see Section 8 ‘Privacy’ below. Sponsors will not collect information you provide in connection with this Promotion for commercial purposes unless you agree to opt in to receiving offers or advertisements from the Sponsors during registration. Any use by a Sponsor of such information for commercial purposes will be subject to such Sponsor’s Privacy Policies, which can be found by visiting the following links: http://www.hallmarkchannel.com/PrivacyPolicy.html; http://www.thecheesecakefactory.com/policies/privacyPolicy/privacyPolicy.
Additional Entries. Once an Entrant has successfully obtained an Entry as described above, he/she will have the opportunity to earn an additional entry (“Additional Entry”) by playing the “Photo Hunt Game”. After obtaining an Entry, Entrant will be prompted to play the Photo Hunt Game by clicking on the “Start Now” button and following the onscreen instructions. The Photo Hunt Game is made up of four (4) levels, and Entrant’s attempt at the Game will earn him or her one (1) Additional Entry into the Promotion. Limit one Additional Entry per Entrant per day throughout the Promotion Period.
Note: Sponsors will not acknowledge receipt of any Entries or Additional Entries. Onscreen confirmation of completion of an Entry or Additional Entry shall not be deemed to be a confirmation of receipt of either, and Sponsors are not responsible for Entries or Additional Entries that are lost, misdirected, corrupted, incomplete, garbled, illegible, or that are otherwise not successfully received by Sponsors for any reason.
Henceforth, the terms “Entry” and “Entries” shall both be intended to include the meanings of the terms, as previously defined, “Entry” and “Additional Entry.” Any person who attempts to participate in the Promotion by using multiple e-mail and/or street addresses, multiple identities, or any device or artifice to participate in violation of the applicable entry limitations may be disqualified by Sponsor/s in their sole discretion. Any use of robotic, repetitive, automatic, programmed or similar participation methods or agents will void such participation in the Promotion. In the event of a dispute over who is an Entrant, the authorized subscriber of the e-mail account provided in connection with the applicable Entry, as of the actual time that such information was received by Sponsor/s, will be deemed to be the Entrant. The “authorized account subscriber” is defined as the natural person who is assigned an e-mail address by the Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The applicable Entrant may be required to show proof of being the authorized account holder. Each Entrant is required to indicate his/her acceptance to the Official Rules where indicated at the time of registration; provided, however, that any Entrant’s participation in the Promotion constitutes, and is deemed, such Entrant’s full and unconditional agreement to the Official Rules and any and all decisions of Sponsor/s and any of Sponsors’ authorized agents, as applicable, which are final and binding in all respects. All Entrants agree to waive any right to claim ambiguity in the Promotion and/or these Official Rules.
5. Winner Selection, Odds of Winning, and Prize Description: There will be exactly one (1) winner (the “Grand Prize Winner” or “Winner”) in the Promotion. The Grand Prize Winner will be selected from among all Entries received by random drawing to be held on or about December 5, 2012, or as soon thereafter as reasonably practicable. Odds of winning the Grand Prize depend on the number of eligible entries received during the Promotion Period.
Sponsors will attempt notify potential Grand Prize Winner via the e-mail address and/or telephone number provided in connection with the Winner’s registration within approximately three (3) to five (5) business days of the drawing. Potential Winner must respond to said notification within five (5) business days of such. Failure to respond timely may result in forfeiture of the Grand Prize, at the sole discretion of Sponsor/s. In order to receive the Grand Prize, a potential Grand Prize Winner will also be required to complete and return to Sponsor, or its designated agent, an Affidavit of Eligibility (“Affidavit”) and a Liabilities/Publicity Release Form (“Release”), except where prohibited by law, within five (5) business days of receipt of such. Failure to timely return the signed Affidavit and/or Release may result in forfeiture of the Grand Prize, except where prohibited by law. Awarding of the Grand Prize (or any portion thereof) is subject to verification of potential Winner’s eligibility as determined by Sponsor in its sole discretion and strict compliance with these Official Rules.
Once potential Winner’s eligibility and compliance to these Official Rules have been determined and confirmed to the satisfaction of Sponsor/s, the Winner will receive the Grand Prize, which consists of:
Total ARV of Grand Prize: $ 4,974 USD.
“Prize” refers individually and collectively to each component of the Grand Prize. Please allow eight (8) to ten (10) weeks for prize delivery.
Note: Any trademarks used herein are the sole property of their respective owners, and are used solely for purposes of prize description. Such trademarks are not meant to signify their owners’ approval or endorsement of, or affiliation or connection with, Sponsors or this Promotion.
6. General Releases: All Entries related to this Promotion become the exclusive property of Crown Media United States, LLC, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor and/or Administrator. All such Entries are subject to verification. By entering or otherwise participating in the Promotion and/or accepting any Prize, each Entrant hereby fully and unconditionally agrees to be bound by these Official Rules and the decisions of Sponsors and Administrator, or their respective designated agent, which are final and legally binding in all respects, and agrees to waive any right to claim any ambiguity in these Official Rules. Sponsors reserve the right to modify or revise these Official Rules at any time and for any reason. The participant also agrees to assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to or from Sponsors or Administrator, and further agrees that all prizes are awarded upon the condition that the Promotional Parties shall have no liability whatsoever and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any Prize, or participation in this Promotion or participation in any Promotion-related activities and further acknowledge that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize awarded in connection with the Promotion.
Sponsors reserve the right, in their sole discretion, without prior notice or obligation and at any time, to cancel, terminate or suspend this Promotion, or any portion thereof, should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor/s corrupt or impair the administration, integrity, security, fairness or proper conduct of the Promotion. In such event, Sponsors, at their discretion, may select winners from the eligible, non-suspect entries fulfilling the applicable eligibility requirements prior to the event requiring such termination, cancellation or suspension. Sponsors reserve the right to correct any typographical, printing, computer programming or operator errors, including in the Official Rules. The Promotional Parties are not responsible for hardware, software or telephone failures of any kind, traffic congestion on the internet or at any website or any combination thereof, lost network connections, incomplete, garbled or delayed computer transmissions, whether caused by Sponsor/s, users or by any of the equipment or programming associated with or utilized in the Promotion or by technical or human error which may occur and/or which may damage a user’s system or limit any participant’s ability to participate and/or redeem Prizes in the Promotion. Sponsors reserve the right at their sole discretion, to disqualify any individual who tampers with the Promotion, violates these Official Rules, or otherwise engages in fraudulent or offensive conduct with respect to this Promotion. Caution: Any attempt to deliberately damage any website or undermine the legitimate operation or administration of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsors reserve the right to seek damages from any such participant to the fullest extent of the law.
By accepting a Prize, Winner agrees that Sponsor may use such Winner’s name, city and/or state/province/territory of residence, statements, likeness, voice, photograph and/or biographical information, without limitation, for any reason, in any media or format, whether now known or hereafter developed, including but not limited to the Internet, worldwide, in perpetuity, without further consideration or payment, where permitted by law. Prize is awarded “as is,” “where is,” with no warranty or guarantee express or IMPLIED. Prize is non-assignable and nontransferable. Prize is non-substitutable except at the sole discretion of Sponsor/s, who reserve the right to substitute cash or prizes of equal or greater monetary value. Should a Winner make any false statement(s) in the Affidavit or Release, the winner will be required to promptly return to Sponsor the awarded Prize(s), or the cash value thereof. A Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Promotion is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), Sponsors reserve the right to discontinue or modify the Promotion, as applicable, or to disqualify any participant residing in any affected geographic areas, as applicable. In such event, Sponsors shall have no liability to any participants who are disqualified due to such an action.
7. Dispute Resolution: Except where prohibited, participants agree that: all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant(s), Co-Sponsors, Administrator, and their respective agents shall be governed by and construed exclusively in accordance with the laws of the State of California without giving effect to any principles of conflicts of law of any jurisdiction. Participants agree that any action at law or in equity arising out of or relating to this Promotion, or awarding of the Prizes, shall be filed only in the state or federal courts located in the State of California and the participants hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Promotion, the participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or awarding of the prizes, 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 participating in this Promotion but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim 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. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
9. Requests for Winners List and Official Rules: For the names of the Winners and/or a copy of these Official Rules, send a self-addressed stamped envelope to: Holiday Cheesecakes Sweepstakes, c/o Brandmovers, P.O. Box 94079, Atlanta, GA 30377, USA. All requests for a copy of the Official Rules and the names of winners must be made by February 5, 2013. Please note on the front left-hand corner of your outer envelope whether you are requesting a copy of the “Official Rules” or the “Winners List.” Vermont Residents requesting Official Rules may omit postage.
10. Sponsor: Crown Media United States, LLC, 12700 Ventura Blvd., Studio City, CA 91604.
11. Co-Sponsor: The Cheesecake Factory Incorporated, 26901 Malibu Hills Road, Calabasas Hills, CA 91301.
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Hallmark’s “Holiday Cheesecakes Sweepstakes”
The “Holiday Cheesecakes Sweepstakes” begins November 1, 2012 at 12:01:01 AM Eastern (“ET”), ends on November 21, 2012 at 11:59:59 PM ET, and is open to legal residents of the 50 United States and D.C., excluding New Mexico, who are 18 or older at time of entry. Void in Puerto Rico, outside the U.S., and where prohibited and restricted by law. Sponsored by Crown Media United States, LLC, and The Cheesecake Factory Incorporated. Approximate retail value of prizes: $4,974. For Complete Eligibility Requirements, How to Enter, Prizes, Odds of Winning, and Full Rules, visit www.hallmarkchannel.com. No purchase necessary to enter or win. A purchase will not increase your chances of winning. Subject to all applicable local, state, and federal laws.