NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. INTERNET ACCESS AND QR CODE READER IS REQUIRED FOR ENTRY.
PROMOTION PERIOD, INDIVIDUAL SWEEPSTAKES ENTRY PERIODS & SPONSOR: The “GMA ‘Gives Back’ Holiday Giveaway” (“Promotion”) promoting the television program “Good Morning America” (the “Program”), takes place Mondays through Fridays, starting at 7:00am Eastern Time (“ET”) on 11/29/21 and ending at 12:00 noon ET on 12/17/21 (the “Promotion Period”), and consists of fifteen (15) individual daily sweepstakes random drawings (each a “Sweepstakes”) with each Sweepstakes having its own entry period (each an “Entry Period”), drawing date and prizing as detailed below.
The sponsor of the Promotion is American Broadcasting Companies, Inc., 47 West 66th Street, New York, NY 10019 (“Sponsor”). The Promotion is subject to these official rules (the “Official Rules”). By entering, Entrant (defined below) agrees to be bound by the terms and conditions herein, which are binding and final on all matters relating to the Promotion, and to be bound by all applicable federal, state and local laws.
As stated above, there are fifteen (15) individual daily Sweepstakes random drawings, (taking place Mondays through Fridays only), during the Promotion Period with each having its own specific daily Entry Period. Specific Entry Periods each begin at 7:00 am ET and they end at 12:00 noon ET each day. Entries that are not selected as a prize winner in a specific Sweepstakes DO NOT carry over to subsequent Sweepstakes (if any).
ELIGIBILITY: The Promotion is open only to legal residents of the fifty (50) United States and the District of Columbia (collectively, the “Eligibility Area”), who as of the date of their Entry (defined below) into the Promotion are eighteen (18) years of age or older. Directors, officers, employees and their immediate family members (spouses, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren) and those living in the household of same (whether legally related or not) of Sponsor, Mammoth Advertising, LLC, West Coast Marketing, a division of The Susquehanna Hat Company (“West Coast Marketing” or “Administrator” as detailed below), and each of their respective parent companies, successors, subsidiaries, affiliates, related entities, and advertising and promotion agencies (collectively, the “Promotion Entities”) are not eligible to enter or win. This Promotion is void outside the Eligibility Area and where prohibited by law.
HOW TO ENTER: Each Monday through Friday during the Promotion Period, visit www.Goodmorningamerica.com/gmagivesback (the “Sweepstakes Site”) or watch the Program (check provider listings) and during the Program and/or commercial messaging, watch for the promotional messaging about the Promotion (“Promotion Message”). Included in the Promotion Message will be a unique QR code (“QR Code” or “Code”). Follow the onscreen directions for using a wireless device to capture the QR Code and after successfully capturing the Code, your device will be redirected to an online entry form (“Entry Form”). Follow the directions for completing the Entry Form, including providing your first and last name, complete physical street address (no Post Office Boxes), city, state, zip code, daytime telephone number, email address and date of birth and click “Submit”. By successfully completing the foregoing and subject to the Entry limitations stated below you will receive one (1) “Entry” in that day’s Sweepstakes. NOTE: In the event the Program is canceled or preempted in one (1) or more broadcast markets on a particular day during the Promotion Period, entries will be limited to watching ABC from 7am ET – 12pm ET to capture the QR code during the on-air promotional commercials or visiting the Sweepstakes Site.
THERE IS A LIMIT OF ONE (1) ENTRY PER PERSON, PER SWEEPSTAKES DURING THE PROMOTION.
IMPORTANT: In order to enter, a service contract with a cellular telephone or wireless Internet or airtime service provider may be required. Check with your service provider for availability and coverage. A wireless access point may be required. Cellular telephone service and/or wireless Internet services may require separately purchased contracts with a cellular telephone service provider or wireless Internet provider with coverage in your service area. Cellular telephone company and/or wireless Internet company determined fees may apply for all QR Code reader usage. In this Promotion you may be using data program time and you may be charged in accordance with your mobile services contract. MESSAGE AND DATA RATES MAY APPLY WHEN ENTERING. Contact your cellular telephone or wireless Internet provider or refer to your service contract for complete details on these and any other applicable charges.
Each individual submitting an Entry in a Sweepstakes may be referred to hereafter as an “Entrant”.
Any attempt by any Entrant to enter using multiple/different email addresses, identities, registrations and logins, or any other impermissible methods will void that Entrant’s Entry and that Entrant may be disqualified, at the sole discretion of Sponsor. Use of any automated system to participate in the Promotion is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, stolen, damaged, misdirected, undelivered, garbled, illegible, or otherwise defective, deficient or impermissible Entries, for postage-due mail, or for computer hardware or software failures, malfunctions, errors or difficulties of any kind, whether human, electronic, computer, mechanical, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of Entries, the announcement or notification of the prizes or in any Promotion-related materials.
All Entries shall become the property of Sponsor and will not be acknowledged or returned. The Sponsor’s database clock will be the official timekeeper for this Promotion.
All federal, state, and local rules and regulations apply.
For purposes of this Promotion, an Entry is "received" online when the Sponsor’s server records the Entry information. Proof of sending (such as an automated computer receipt confirming Entry or "thanks for entering" message) does not constitute proof of actual receipt of an Entry for purposes of this Promotion. Illegible and/or incomplete Entries and Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their Entry, or abide by these Official Rules or other instructions of Sponsor may be disqualified.
WINNER SELECTION: Four (4) potential winners for each Sweepstakes will be selected in a random drawing immediately following each daily Entry Period from among all eligible Entries received for each Sweepstakes (each a “Prize Winner” and collectively, the “Prize Winners”). Random drawings will be conducted by West Coast Marketing, an independent judging organization. Decisions of Sponsor and West Coast Marketing shall be final and binding in all matters relating to this Promotion.
The potential Prize Winners will be notified by email/telephone immediately following the random drawing and have 24 hours to respond, acknowledging receipt of notification.
Sponsor is not responsible for any failure of attempted delivery of notice using the above-referenced notification methods.
Prize Winners will be required to complete and return a signed Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release form and (if requested) a completed IRS W9 form (collectively, the “Required Documents”) within forty-eight (48) hours of issuance of notification. Required Documents may be scanned and emailed or faxed back within this forty-eight hour deadline.
A potential Prize Winner’s failure to return all Required Documents as detailed herein, or to comply with any other provision herein, may result in the potential Prize Winner being disqualified and at Sponsor’s sole discretion, an alternate winner selected. If applicable, only one (1) alternate potential Prize Winner selection will be conducted after which such applicable prize shall remain unawarded.
If any Prize Winner notification or Prize is returned as undeliverable for any reason, Sponsor may decide, in its sole discretion and per these Official Rules, to award the Prize to an alternate or to not award such Prize.
PRIZES: As stated above, there are four (4) Prize Winners in each Sweepstakes for a total of sixty (60) Prize Winners in the Promotion, with each receiving a prize package consisting of the following items (collectively, the “Prize”):
· One (1) Bluetooth Speaker*: https://gma-koble.com/collections/all/products/koble-eye-led-speaker-lantern (approximate retail value “ARV”: $129.99)
· One (1) A Set of Silk Pillowcases*: https://gma-discovernight.com/collections/silk-pillowcases/products/trisilk-silver-pillowcase (ARV: $180)
· One (1) “The Whatever Pan”* (Cookware): https://gma-jeanpatrique.com/collections/all/products/the-whatever-pan (ARV: $75)
· One (1) $200 Gift Card selected by Sponsor or it’s designee
The total ARV of each Prize available to be awarded is $584.99. The total ARV of all Prizes available to be won in each individual Sweepstakes is $2,339.96. The total ARV of all Prizes available to be won in the fifteen (15) individual Sweepstakes in the Promotion is $35,099.40.
Any unclaimed Prize will be forfeited by the applicable Prize Winner and will remain the property of Sponsor or its designee. Prizes are non-transferable, non-assignable and have no cash value. No prize substitution or cash redemption allowed by a Prize Winner is allowed. Sponsor will have the right to provide a substitute prize of equivalent retail value in the event Sponsor is unable to deliver a Prize as detailed herein (in whole or in part) for reasons outside Promotion Entities’ control.
Note: All details of prizing awarded to a Prize Winner are at the sole discretion of Sponsor or its designee. Any costs or fees associated with Prize receipt and/or use that are not expressly stated above are not included in the Prize and are the sole responsibility of the applicable Prize Winner.
Awarding of a Prize is subject to the applicable Prize Winner’s acceptance of all requisite conditions within these Official Rules and the Prize Winner’s ability and agreement to grant the rights set forth in these Official Rules and all required documents detailed herein.
Prizes are not transferable, assignable, or redeemable for cash except as allowed by Sponsor. No Prize substitution will be allowed. If necessary, due to unavailability of a Prize or portion thereof for any reason, a Prize of comparable value may be awarded at the sole discretion of the Sponsor. Prizes are provided "as is" and without any warranty of any kind. Prize Winners are responsible for all taxes and fees associated with prize receipt and/or use. By accepting a Prize, the Prize Winner acknowledges and agrees to compliance with these Official Rules. All federal, state and local tax liabilities are the responsibility of the Prize Winners.
Acceptance of a Prize constitutes permission (except where prohibited) granted to Sponsor to use the applicable Prize Winner’s name, likeness, picture, voice, biographical information and statements for publicity, advertising, trade and promotional purposes in connection with the Promotion or the Program in any and all media and manner, and by any and all means now known or hereafter devised in perpetuity worldwide without additional consideration, compensation or limitation of any kind, and without the need to get any further consent. Any and all such recordings shall at all times be owned by, and the exclusive property of, Sponsor.
All federal, state and local tax liabilities are the responsibility of the Prize Winners.
EACH POTENTIAL PRIZE WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF A PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
ODDS OF WINNING: The odds of winning in a specific Sweepstakes are determined by the total number of eligible Entries received for the applicable Sweepstakes.
RELEASES: The Promotion Entities and any and all Internet server(s) and access provider(s), and each and all of their respective parent corporations, successors, subsidiaries, affiliates, related entities, licensees, assigns, and all of their respective officers, directors, shareholders, employees, agents and representatives (collectively, “Releasees”) are not responsible for: changes in broadcast schedule of Program, inability to access or connect to Sweepstakes Site, QR Code or Entry Form, inability to upload information to Entry Form, any incorrect or inaccurate Entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, hardware or software, including without limitation any injury or damage to participant’s or any other person’s computer or wireless device relating to or resulting from participation in the Promotion; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any QR Code or web site (including but not limited to the Sweepstakes Site) or for any other reason whatsoever; typographical, printing or other errors; the inability to access any emails or telephone calls; any other Promotion related materials which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or any combination thereof. Entrants, by participating in the Promotion, agree that the Releasees shall have no liability whatsoever for, and shall be held harmless by Entrants against, any liability for any injuries, losses or damages of any kind, including, but not limited to, death or injury to persons, or property loss or damage, relating or resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Promotion. Proof of attempting to submit an Entry is not considered proof of delivery or receipt. Illegible or incomplete Entries, Entries in excess of the limits stated above and mechanically reproduced Entries will be disqualified. All Entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive Entries or acts shall render its Entrant(s) ineligible. By entering the Promotion, Entrants affirm that they have read and accepted these Official Rules.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Promotion, Entrant agrees that any and all disputes and causes of action arising out of or connected with this Promotion, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration under JAMS Expedited Arbitration. The arbitration shall be conducted in New York County, NY before a single neutral arbitrator. The arbitrator shall follow New York law and the Federal Rules of Evidence in adjudicating the dispute. Entrant waives the right to seek indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses not to exceed fifty dollars ($50.00), and any and all rights to have damages multiplied or otherwise increased, and the arbitrator shall have no authority to award such damages. The determinations of the arbitrator shall be final and shall not be subject to judicial review; provided, however, that any award or determination rendered by the arbitrator may be entered in any court of competent jurisdiction. The expenses of arbitration, the fees and costs of legal counsel, experts and evidence shall be awarded to the prevailing party. In no event shall any Entrant seek or be entitled to obtain rescission, injunctive or other equitable relief.
CHOICE OF LAW / LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants and Releasees in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of New York, USA.
BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) 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 FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
FORCE MAJEURE: Releasees shall not be liable to a Prize Winner or any other person for failure to supply a Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, pandemic, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, network or computer problems, internet problems, hacking, computer viruses, unauthorized computer access, tampering, or any other cause beyond Sponsor’s sole control.
GENERAL: If for any reason this Promotion (or part thereof) is not capable of running as planned, or if this Promotion or any QR Code, broadcast or web site (including but not limited to the Sweepstakes Site) associated therewith (or any portion(s) thereof) becomes corrupted or does not allow the proper playing of the Promotion and processing of Entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Promotion, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Promotion or any portion thereof. In the event this Promotion is canceled, the Sponsor may (at Sponsor’s sole discretion) conduct a random drawing to award the applicable prize(s) from among all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted at GoodMorningAmerica.com/GMAGivesBack. The Releasees are not responsible for the actions of Entrants in connection with the Promotion, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion. Persons found tampering with or abusing any aspect of this Promotion, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Promotion, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes, contest or promotion. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE OR CORRUPT ANY QR CODE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Multiple Entrants may not share the same household address or email account.
If a dispute arises about who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the email account associated with the submitted Entry. The potential Prize Winner may be requested to provide Sponsor with proof that he or she is the authorized registered user of the email account associated with the winning Entry and that all eligibility requirements are met.
In the event a dispute regarding the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible. The Releasees are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant's email account to receive email messages. Also, the Releasees are not responsible, and may disqualify an Entrant, if his or her email address or telephone number does not work or if it is changed without Entrant giving prior written notice to Sponsor.
NOTE: Entry must be made by the Entrant only as detailed above. Entries made by any other individual or any entity, and/or originating at any other web site or email address, including, but not limited to, commercial promotion or sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. The use of any device or software to automate the Entry process is prohibited. Entries or other Promotion materials that are incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late, misdirected, postage due, deceptive, in greater quantity than the limit stated above or otherwise not in compliance with the Official Rules may be disqualified from the Promotion at Sponsor’s sole and absolute discretion.
NO INJUNCTIVE RELIEF: EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE PROMOTION OR THE PROGRAM, OR ANY OTHER TELEVISION PROGRAM, PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS AFFILIATES.
WINNERS LIST: For an Official Winners List (available after 1/5/22), or a copy of these Official Rules, send a self-addressed, stamped envelope to: “GMA ‘Gives Back’ Holiday Giveaway” (please specify Official Winners List or Official Rules), P.O. Box 9142, Calabasas, CA 91372. Residents of Vermont with a return address in Vermont may omit the return postage on their Official Rules request. Official Rules are also available at GoodMorningAmerica.com/GMAGivesBack during the Entry Period.
Promotion Administrator: West Coast Marketing, a division of The Susquehanna Hat Company, 22287 Mulholland Highway, #396, Calabasas, CA 91302. Administrator is not the supplier or guarantor of any prize.
Sponsor: American Broadcasting Companies, Inc., 47 West 66th Street, New York, NY 10019.
© 2021 American Broadcasting Companies, Inc.. All Rights Reserved.
*Other names and brands may be claimed as the property of others.