NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
The TiVo Refer-a-Friend Sweepstakes No. 1 (“Sweepstakes”) is sponsored by TiVo Inc., 2160 Gold Street, San Jose, CA 95002 (“Sponsor”), and is administered by SweepstakesPros, P.O. Box 18404, San Jose, CA 95158 (“Administrator”).
1. ELIGIBILITY. The TiVo Refer-a-Friend Sweepstakes (the “Sweepstakes”) is open to any individual who meets each of the following criteria: (a) a legal resident of one of the fifty (50) states of the United States or the District of Columbia; and (b) the age of majority in his/her respective jurisdiction at the time of entry (i.e., 19 or older in Alabama and Nebraska, and 18 or older in all other states and the District of Columbia). Sponsor, Sponsor’s advertising, marketing and promotion agencies, Administrator, those other persons or entities involved in the production, development, implementation, operation or administration of this Sweepstakes, any agents acting for, or on behalf of, Sponsor, and each such entity’s respective affiliates, subsidiaries, licensees and service providers, are referred to collectively as the “Sweepstakes Entities”. Employees, officers and directors of the Sweepstakes Entities, members of each such person’s immediate families (spouses/domestic partners, children, step-children, grandchildren, step-grandchildren, siblings, parents, step-parents, grandparents, step-grandparents, and each of their respective spouses), and persons living in the same household as any such persons (whether or not related), are ineligible to enter or to win a prize in this Sweepstakes.
2. ENTRY PERIOD. The Sweepstakes entry period begins at 12:00:01 a.m., Pacific Time (“PT”), on December 17, 2014 and ends at 11:59:59 p.m., PT, on January 31, 2015 (the “Sweepstakes Period”). To be considered eligible, a Sweepstakes registration entry (as described in Section 3 below), and any additional refer-a-friend Sweepstakes entries (similarly as described in Section 3 below), must be received by Sponsor prior to the conclusion of the Sweepstakes Period, regardless of when such entry(ies) actually may have been submitted. With respect to any and all online submission deadlines contained in these Official Rules, Sponsor’s computer shall be deemed the official time clock for the Sweepstakes.
3. ENTRY METHODS.
A. Registration Entry. Visit www.tivo.com/refer (the “Registration Page”) during the Sweepstakes Period and follow the instructions on the Registration Page for registering for the Sweepstakes. A valid Sweepstakes registration entry requires the completion and submission of all required information. Once you have completed and submitted such Sweepstakes registration, you automatically will receive one (1) entry into the Sweepstakes (a “Registration Entry”). There is a limit of one (1) Registration Entry per person and per email address.
B. Share Entry. You may earn additional entries by sharing the Promotion on Facebook or Twitter (a “Share”). Click on the Facebook or Twitter share link on the webpage immediately following the Registration Page and tweet the post from your Twitter account or share the post on your Facebook timeline. Each tweet or Facebook post must contain the hashtag #SweepsEntry. You will receive one (1) entry into the Sweepstakes for each person who clicks on the link in your Share to visit the TiVo.com promotional offer page (“Share Entries”), provided that such person (a) has not previously clicked on the link in a Share initiated by another Sweepstakes entrant, (b) is a resident of one of the fifty (50) states of the United States or the District of Columbia, and (c) is at least eighteen (18) years of age. You will receive Share Entries: (i) only once per referred friend who meets each of the eligibility criteria described in subsections (a) through (c) above; and (ii) only the first time your referred friend successfully clicks on the link in your Share to visit the TiVo.com promotional offer page. You may send a Share to solely those persons with whom you have an existing personal relationship and to whom a message from you would not be considered spam. For the full duration of the Sweepstakes Period, there is a maximum limit of twenty-five (25) additional entries per person and per email address, regardless of whether such additional entries are in the form of (1) Share Entries pursuant to this subsection B, (2) “Email Referral Entries” pursuant to subsection C below, and/or (3) mail-in entries pursuant to subsection D below.
C. Email Referral Entry.On the webpage immediately following the Registration Page, and subject specifically to the final sentence of this subsection C, you may obtain one (1) additional entry into the Sweepstakes for each additional valid email address you provide (each an “Email Referral Entry”); it specifically being acknowledged, agreed and understood by each Sweepstakes entrant that: (a) such entrant shall provide email addresses of solely those persons (i) whom such entrant actually knows, (ii) who, to the best of such entrant’s knowledge, have not theretofore entered the Sweepstakes, and (iii) who such entrant believes in good faith would satisfy each of the Sweepstakes eligibility criteria set forth in Section 1 above; and (b) unless the accountholders of such entrant-supplied email addresses previously have opted out of receiving marketing email communications from Sponsor, Sponsor (and its affiliates, agencies and other designees) shall have the right, but not the obligation, (i) to invite such email accountholders to enter the Sweepstakes and/or (ii) to present other marketing and promotional offers to such email accountholders. For the full duration of the Sweepstakes Period, there is a maximum limit of twenty-five (25) additional entries per person and per email address, regardless of whether such additional entries are in the form of (1) Email Referral Entries pursuant to this subsection C, (2) Share Entries pursuant to subsection B above, and/or (3) mail-in entries pursuant to subsection D below.
D. Mail-in Entry. As an alternative to receiving additional entries in the form of Share Entries for sending Shares (pursuant to subsection B above) and/or in the form of Email Referral Entries for providing additional email addresses (pursuant to subsection C above), a Sweepstakes entrant will be entitled to receive twenty-five (25) additional Sweepstakes entries if, during the Sweepstakes Period, such entrant sends a postcard (postage prepaid and postmarked within the Sweepstakes Period) containing (in the following order) his/her full first and last names, street/mailing address, email address, and telephone number to the following address: TiVo Refer-a-Friend Sweepstakes No. 1, P.O. Box 18813, San Jose, CA 95158. Postcards must be received by February 7, 2015. All mail-in entries must be legibly hand written (including addressing), be mailed separately with no outer envelope, and contain sufficient postage. For the full duration of the Sweepstakes Period, there is a maximum limit of twenty-five (25) additional entries per person and per email address, regardless of whether such additional entries are in the form of (1) mail-in entries pursuant to this subsection D, (2) Share Entries pursuant to subsection B above, and/or (3) Email Referral Entries pursuant to subsection C above.
If a Sweepstakes entrant obtains, or attempts to obtain, any Sweepstakes entries in violation of any of the above-set forth provisions in this Section 3, then any and all such Sweepstakes entries will be void, and in Administrator’s sole discretion, such behavior may result in the immediate and automatic disqualification (with or without any form of notice) of such entrant from participation in the Sweepstakes and from eligibility to receive any prize in the Sweepstakes. All Sweepstakes entry materials become the exclusive property of Sponsor and will be neither acknowledged nor returned.
LIMIT OF TWENTY SIX (26) TOTAL ENTRIES, PER PERSON AND PER EMAIL ADDRESS, REGARDLESS OF METHOD OF ENTRY.
4. PRIZE DRAWING AND NOTIFICATION OF SELECTED ENTRANTS.A random drawing (the “Drawing”) will be conducted by Administrator on or about February 16, 2015. Selection will be from among all eligible Sweepstakes entries received by Sponsor during the Sweepstakes Period (or solely in the case of additional Sweepstakes entries obtained via postcard, postmarked during the Sweepstakes Period and received by February 7, 2015), such drawing to be conducted for the purpose of selecting potential recipients of the prizes (each, a “Prize”) described in Section 5 below. Each potential Prize recipient who is selected in the Drawing will be notified by telephone, email, regular mail or overnight mail (at Administrator’s discretion) and may be required to respond (as directed in such notification) to the notification within a stated amount of time of initial attempted notification. Each potential Prize recipient who is selected in the Drawing may additionally be required to complete, execute and return to Sponsor, within a stated amount of time after Sponsor’s issuance thereof, an affidavit of eligibility, a liability release, and where lawful, publicity release (collectively, the “Verification Documentation”) within a stated amount of time. The return of any notification as undeliverable, or the failure to respond to any notice(s) or to return any required Verification Documentation or other documents in a timely manner, or a determination that a potential Prize recipient is ineligible or not in compliance with these Official Rules, as determined solely by the Administrator, may result in the disqualification of the potential Prize recipient and the forfeiture of the corresponding Prize, and in the selection of an alternate potential Prize recipient by means of another random Prize drawing subsequently to be conducted by Administrator from among all remaining eligible Sweepstakes entries received by Sponsor during the Sweepstakes Period (or solely in the case of eligible Entries in the form of mail-in postcard entries, postmarked during the Sweepstakes Period and received by February 7, 2015).
5. PRIZES. One (1) “First Prize” and one (1) “Second Prize” and one (1) “Third Prize”, or a total of three (3) prizes (each, a “Prize”), will be awarded in the Sweepstakes (provided that if there are fewer than three (3) eligible Sweepstakes participants, then the total number of Prizes to be awarded in the Sweepstakes shall not exceed this number of such participants). No more than the stated number of Prizes will be awarded. If, for any reason, the number of Prize notifications exceeds the stated number of Prizes, then the stated number of Prizes will be awarded in a random drawing to be conducted by Administrator from among all legitimate Prize claimants who received such notifications. The one “First Prize” will consist of Ten Thousand Dollars ($10,000.00), the one “Second Prize” will consist of Five Thousand Dollars ($5,000.00), and the one “Third Prize” will consist of One Thousand Dollars ($1,000.00). All Prizes, at the sole discretion of Sponsor, may be awarded in the form of (a) a check, (b) a wire transfer, or other electronic funds transfer, into the bank account designated by the First Prize recipient, or (c) a gift card, or non-reloadable debit card, issued by a financial institution of Sponsor’s choosing. In the event that any Prize is awarded in the form of a gift card or a debit card (such applicable card, the “Card”), then the recipient of the Card hereby specifically acknowledges, agrees and understands that his/her use of the Card shall be governed by, and that he/she shall be bound by, all terms, conditions and restrictions set forth and/or referenced on the Card, including without limitation a possible expiration date on the recipient’s redemption and/or use of the Card. The Prizes will be issued to their respective recipients (at the respective addresses or bank accounts (as applicable) theretofore provided by such Prize recipients to Sponsor) on a reasonable timetable (i.e., within approximately six (6) weeks after administrator’s receipt of the Verification Documentation from the Prize recipients), at Sponsor’s cost, and via a method determined by Sponsor (in its sole discretion). Prizes may be reported as income to their recipients, and each Prize recipient shall bear sole and full responsibility for the prompt reporting and prompt payment of any and all federal, state and local taxes that may be due in connection with his/her acceptance, receipt or use of a Prize in this Sweepstakes. In this regard, an IRS Form 1099 may be issued to each and any Prize recipient. No substitution, exchange, cash redemption, or transfer of prizes is permitted, except at Sponsor’s sole discretion or as provided herein. If a Prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. At Sponsor’s discretion, unclaimed prizes may not be awarded. LIMIT ONE (1) PRIZE PER PERSON AND PER EMAIL ADDRESS AND PER HOUSEHOLD.
6. ODDS. The odds of winning a Prize in the Sweepstakes will depend on (a) the total number of valid Sweepstakes entries obtained by the particular eligible Sweepstakes entrant pursuant to Section 3 above and (b) the total number of eligible Sweepstakes entries received by Sponsor during the Sweepstakes Period.
7. CONDITIONS. The Sweepstakes is governed by and subject to these Official Rules. By participating in the Sweepstakes, each entrant agrees to be fully and unconditionally bound by these complete Official Rules and by all decisions of the independent Administrator, which are deemed final, binding and non-appealable in all respects. Each Sweepstakes entrant agrees to waive any right to claim ambiguity in the Sweepstakes or in these Official Rules, except where prohibited by law. By accepting a Prize in the Sweepstakes, each Prize recipient agrees irrevocably and in perpetuity to defend, indemnify, hold harmless and release Sponsor, Administrator, Facebook, Twitter, Sponsor’s and Administrator’s respective attorneys, affiliates, subsidiaries, licensees, licensors, agents, successors and assignees, the respective employees, directors, officers, shareholders and advertising, marketing and promotion agencies of each of the above-referenced entities, and any and all other persons or entities associated with the development, production, implementation, judging, operation or administration of the Sweepstakes (collectively, the “Releasees”), from and against any and all claims, demands, actions, causes of action, judgments, liability, losses, damages, injuries, costs and expenses (including, without limitation, attorneys’ fees) arising from or in connection with the awarding, acceptance, receipt and/or use or misuse of any prize in the Sweepstakes or the participation in any prize-related activities. Each Sweepstakes entrant further understands and agrees that all rights under Section 1542 of the Civil Code of the State of California ("Section 1542"), and under any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release, are hereby expressly and forever waived. Each Sweepstakes entrant acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims, whether known or not known and whether suspected to exist or not suspected to exist, with the intent of waiving the effect of laws requiring the intent to release future unknown claims. Sponsor (together with its affiliates and agents) reserves the right to use the Sweepstakes for advertising, marketing, promotional, publicity and other trade purposes in any and all media (whether now known or hereafter devised) (collectively, “Publicity”), and each recipient of a prize in the Sweepstakes grants to Sponsor (and to its affiliates and agents), irrevocably, in perpetuity and without restriction, the right (but not the obligation) to use his/her first and last name, likeness (photographic and simulated), voice, quotes, testimonials, opinions, biographical material, and city and state of residence, together with information about the prize that he/she has received, as part of that Publicity, without such prize recipient having any right or entitlement to compensation, further consideration or prior review (unless such grant of rights is prohibited by law). The Sweepstakes is void outside of the U.S. and where prohibited or restricted by law, and the Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Administrator reserves the right, with or without any form of notice, to disqualify any entrant it finds to be tampering with the entry process or the operation of the Sweepstakes or to be violating these Official Rules. In no event shall any of the Releasees be liable for: (a) late, lost, delayed, stolen, misdirected, undeliverable, postage-due, incomplete, unreadable, inaccurate, garbled, indecipherable or unintelligible entries, communications or affidavits, regardless of the method of transmission; (b) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (c) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (d) any injuries, losses or damages (whether to property or otherwise) of any kind caused by any prize or resulting from acceptance, possession or use of any prize, or from participation in the Sweepstakes; or (e) any printing, typographical, administrative or technological errors in these Official Rules or in any materials associated with the operation, administration, advertising, marketing, promotion or publicizing of the Sweepstakes. Sponsor (and the other Releasees) disclaim any liability for damage to any computer system resulting from participating in, or from accessing or downloading information in connection with, the Sweepstakes, and Administrator specifically reserves the right, exercisable in its sole discretion, to cancel the Sweepstakes (and, in Administrator’s sole discretion, potentially to award the Prizes at random from among the Sweepstakes entries received by Sponsor up until the time of the impairment), suspend the Sweepstakes (and then potentially to resume the Sweepstakes, at Administrator’s sole discretion, in a manner that substantially conforms to these Official Rules), or modify the Sweepstakes (in any manner that Administrator reasonably deems fit, and with or without any form of notice) should a virus, bug, fraud, computer or internet problem, unauthorized human intervention, or other cause(s) beyond Sponsor’s or Administrator’s control, corrupt the administration, security, safety, fairness or proper play of the Sweepstakes. Administrator may prohibit an entrant from participating in the Sweepstakes and/or from receiving a prize in the Sweepstakes if Administrator determines, in its sole discretion, that such entrant is attempting to undermine the legitimate operation of the Sweepstakes in any way by cheating, hacking, deception, or any other unfair or unsportsmanlike playing practices of intending to annoy, abuse, disrupt, threaten or harass any other participants in the Sweepstakes or any of Sponsor’s or Administrator’s representatives. Use by a Sweepstakes entrant of any automated, robotic, repetitive, programmed or similar system to participate in the Sweepstakes is strictly prohibited and will result in the immediate and automatic disqualification of such entrant. Administrator may disqualify (at its sole discretion) any and all Sweepstakes entries that it believes are created by an automated, robotic, repetitive, programmed or similar system. Disputes regarding these Official Rules and/or the Sweepstakes will be governed exclusively by, and construed exclusively in accordance with, the internal laws of the State of California, without regard to its conflicts/choice of laws principles, and by the federal laws of the United States of America. Any and all legal actions or claims arising in connection with this Sweepstakes must be brought in a court of competent jurisdiction within the forty-eight (48) contiguous states of the United States. Each such action or claim shall be resolved individually, without resort to any form of class action. Each Sweepstakes entrant agrees that with respect to any such action or claim, the aggregate liability of Sponsor and the other Releasees shall be limited to the cost of entering and participating in the Sweepstakes, and in no event shall Sponsor or any of the other Releasees be liable for any attorneys’ fees or court costs. Each Sweepstakes entrant hereby waives, irrevocably and in perpetuity, the right to claim, seek or collect any damages whatsoever, including without limitation punitive, exemplary, special, consequential, incidental, direct or indirect damages. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES MICROSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES AND FROM ANY OPPORTUNITY TO RECEIVE A PRIZE IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL AVAILABLE REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Failure by Sponsor or Administrator to enforce any provision of these Official Rules shall not constitute a waiver of that provision, or of any other provision(s) hereof. In the event of a dispute as to the identity of the individual submitting an entry into the Sweepstakes, the entry will be declared made by the person in whose name the entry was made.
9. PRIZE RECIPIENTS LIST. For a list of names of the prize recipients in the Sweepstakes, send your request, along with a self-addressed, stamped envelope, to: TiVo Refer-a-Friend Sweepstakes Prize Recipients List, P.O. Box 18202, San Jose CA 95158. Residents of the State of Vermont may omit return postage. Such requests must be received by Sponsor by no later than March 20, 2015. The list of Sweepstakes prize recipients will be sent out once all of such prize recipients have been verified. Or to view the prize recipients’ list for the Sweepstakes, please visit http://certified.promotrust.com/tivo/referafriendsweepstakes1/winners . The prize recipients’ list will be available at such online location once all such prize recipients have been verified.