Warner’s
150th Celebration Sweepstakes
Official
Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT IMPROVE CHANCES OF
WINNING.
THE FOLLOWING SWEEPSTAKES IS VALID ONLY IN THE FIFTY (50)
UNITED STATES (“U.S.”) AND DISTRICT OF COLUMBIA (“D.C.”) AND IS OPEN ONLY TO
QUALIFIED PERSONS (AS DEFINED IN THE RULES BELOW). VOID ELSEWHERE AND WHEREVER PROHIBITED.
YOUR ENTRY IN THIS SWEEPSTAKES MEANS THESE OFFICIAL RULES
FORM A BINDING LEGAL CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING.
WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR YOUR INDEMNIFICATION OF THE
SPONSOR, SWEEPSTAKES ADMINISTRATOR, AND OTHER PARTIES, THE WAIVER OF THE RIGHTS
TO PARTICIPATE IN A CLASS ACTION OR A JURY TRIAL, AND A REQUIREMENT THAT MOST
DISPUTES WILL BE SETTLED BY MANDATORY BINDING ARBITRATION.
1.
Sweepstakes Name: Warner’s 150th Celebration Sweepstakes (the
“Sweepstakes”).
2.
Sweepstakes Entry Dates:
Registration begins at
12:00:01 AM Eastern Time (“ET”) on 7/1/2024
and ends at 11:59:59 PM ET on 8/31/2024
(the “Registration Period”). The Sweepstakes is subject to all applicable
federal, state and local laws and regulations. Void outside of the (50) United States and
D.C., and wherever restricted or prohibited by law.
3.
Who may Enter:
Sweepstakes is open only to legal residents of the (50) United States and D.C., who are age 18 or older as of date
of entry and have a valid driver’s license or government issued photo ID. Employees,
officers, and directors of BR Intimates
LLC (“Sponsor”), Million Dollar Media (the “Sweepstakes
Administrator”), each of their respective franchisees, parents, affiliated
companies, subsidiaries, contractors, distributors or wholesalers, printers,
advertising and promotion agencies, and any and all other companies associated
with the design or execution of this promotion, or any employees, officers,
directors, members, shareholders or agents of any retailers, distributors,
wholesalers or manufacturers (collectively, “Released Parties”), and the
members of the immediate families or households, whether or not related, of any
of the above, are not eligible to enter or win the Sweepstakes.
“Immediate family members” includes, for purposes of this promotion, parents
(including in-laws), grandparents, siblings (including step-siblings),
children (including step-children), grandchildren (including step
grandchildren) and each of their respective spouses, regardless of where they
reside.
4.
How to Enter: To enter, during the Registration Period: (i)
access the online registration form by either clicking the link in an
applicable Facebook advertisement or directly by visiting www.Warners.com/pages/150; (ii) fully complete the online registration page with all
required information including your first name, last name, valid email address,
phone number (including area code), state
of residence, date of birth, and all required questionnaire selections; and
(iii) after having read and agreed to these Official Rules, click the submit
button to submit your online entry. To access the online registration
form via a Facebook advertisement, you must be an active holder of a Facebook
account and must be logged into such an account at the time of entry. If you do
not have a Facebook account, you may create one for free. Facebook’s Terms of
Use apply. For details, visit https://www.facebook.com/legal/terms/.
All
entries must be fully complete for all required information and must be
received by 11:59:59 PM ET on 8/31/2024
to be eligible.
This
Sweepstakes is in no way sponsored, endorsed or
administered by, or associated with Meta or Facebook.
If you
enter using a mobile device on a wireless service provider’s network (as
opposed to a Wi-Fi network), your carrier’s text and data rates will apply. You
should consult your wireless service provider’s pricing plan for details. You
agree to incur any and all charges demanded by your
wireless carrier.
Acceptance of any offered marketing opt-in opportunity is not required to enter the Sweepstakes,
and opting-in to receive marketing messages via email will not improve your
chances of winning.
By participating and submitting an
entry, entrant agrees that Sponsor and Sweepstakes Administrator are authorized
to contact entrant via email, text, mail, phone or any
other form of media to make entrant aware of information pertinent to this
Sweepstakes. Entrants may opt-out of any further email communication at any
time by simply replying REMOVE to any email message or following the provided
opt-out instructions.
Maximum of one (1) entry per person during the Registration
Period.
Any
duplicate, incomplete, or illegible entries will be disqualified. Any entry submitted with an invalid email address, or other
inaccurate, incomplete, false or incorrect information
will be disqualified. Released Parties are not responsible for lost,
late, misdirected, illegible, incomplete, invalid, unintelligible, damaged
entries, or for entries submitted in a manner that is not expressly allowed
under these rules, or for any entry not submitted or
received due to any technical error or failure, unauthorized human
intervention, inaccurate capture or mis-entry of any required information, or
the failure to capture any such information for any reason including
programming or technical errors, or effects of hackers or failure of any
electronic equipment, computer or cellular transmissions and/or network
connections; all of which will be disqualified.
Each entrant must submit an entry on his/her own behalf. Any entry
submitted on behalf of another individual or using another person’s email
address, Facebook account, name or mobile number will be disqualified and
ineligible to claim any prize. Any
attempt by any entrant to obtain more than the stated number of entries allowed
by using same, multiple/different email addresses, mobile numbers, identities,
or any other methods void that entrant's entries, and that entrant may be
disqualified. No mechanically reproduced
or automated entries permitted. Use of
any automated system to participate is prohibited and will result in
disqualification and all such entries will be deemed void. All entries received become the property of
the Sponsor and will not be returned.
In the event of a dispute as to any online registration, the
authorized account holder of the email address or Facebook account (as
applicable), used to register will be deemed to be the registrant and he/she
must be eligible according to these Official Rules. The “authorized email account holder” is the
natural person assigned an email address by an Internet access provider, online
service provider or other organization responsible for assigning email
addresses for the domain associated with the submitted address; or the
“authorized Facebook account holder” (as applicable).
By registering and submitting an entry, you affirm that you
have read and accepted these Official Rules.
The
laws of the U.S. apply to and govern this Sweepstakes and any claims must be
raised and resolved in the U.S.
5.
Winner Selection and Notification (one (1)
grand prize winner): On or about 9/3/2024, one (1) potential grand prize
winner will be randomly selected from among all eligible entries received. If
eligible entries are less than the scheduled number of prizes available, then
associated prize award(s) shall not be awarded. No more than the stated number
of prizes will be awarded.
The potential winner
will be notified by the Sweepstakes Administrator initially by phone and/or
email following their selection. If the Sweepstakes Administrator is
unsuccessful in its attempt to reach and speak directly with a selected
potential prize winner by phone within 48-hours of the initial
notification attempt to the phone number and/or email address associated with
that entrant’s entry, then that entrant may be disqualified and an alternate
potential winner may be randomly selected from among the remaining eligible
entries and notified as per the procedures outlined above (time permitting). Note:
phone messages will not be left during the winner notification process.
During winner
notification, the selected potential winner must confirm their eligibility, and
indicate their willingness and ability to accept the prize. The potential winner will then receive
official notification via email delivery, including prize acceptance documents
which must be completed and returned per the provided instructions and as
outlined below. If any selected potential
winner does not meet the eligibility requirements, or is unable or unwilling to
accept the prize, elects to decline the prize or fails to return the required
prize acceptance documents within the required time frame, s/he will be
disqualified and, at Sponsor’s discretion and time permitting, an alternate
winner will be randomly selected from among all remaining eligible entries and
notified as per the procedures outlined above.
Any disqualified entrant will not receive any alternate prize
substitution or compensation. Decisions of the Sweepstakes Administrator
in the selection and determination of the winner and all matters relating to
this Sweepstakes are final and binding.
All of the following
will apply to each potential winner: 1) winner will be required to complete and
return, within 3-days of date
of receipt, a prize acceptance form, including an affidavit of eligibility and
a liability/publicity release (where permitted) and a W-9 form in order
to be eligible to claim the prize; 2) winner may be required to present a copy
of a valid driver’s license or government issued photo ID with valid
residential address and a copy of a valid social security card as a condition
of receiving the prize, and (3) winner shall be solely responsible for paying
all applicable taxes (including, but not limited to, all local, state and
federal taxes) that may be or become due in connection with their respective
prize award, and winner shall be issued a 1099 form reflecting the value of the
prize award.
In the event: (a)
potential prize winner cannot be reached for whatever reason after a reasonable
effort has been exerted or the potential prize winner notification or affidavit
of eligibility and liability/publicity release is returned as undeliverable;
(b) potential prize winner declines or cannot accept, receive or use the prize
for any reason; (c) of noncompliance with the above or within any of the stated
time periods; (d) potential prize winner is found to be ineligible to enter the
Sweepstakes or receive the prize; (e) potential prize winner cannot or does not
comply with the Official Rules; or (f) potential prize winner fails to fulfill
the affidavit-related obligations, the potential prize winner shall be
disqualified from the Sweepstakes and an alternate potential prize winner may
be selected, at Sponsor’s sole discretion, from among the other eligible
entries received. Sponsor reserves the right to modify the notification and
affidavit procedures in connection with the selection of alternate potential
prize winner, if any.
6.
Grand Prize Award (one (1) prize award): The
eligible entrant designated as the grand prize winner shall be awarded a
premium 4-day, 3-night trip for the winner and three (3) guests (winner and
all guests must be 18 years of age or older) to Maui, HI, with an
approximate retail value (“ARV”) not to exceed $64,000. The prize shall be
comprised of:
·
Business-class
roundtrip airfare for winner and three (3) guests from the nearest major metro
airport to the winner’s home in the United States or D.C. to the closest
Sponsor-designated major metro airport to Maui, HI (Kahului “OGG” airport).
Airline, class of service, and departure/arrival airports as solely determined
and designated by Sponsor and subject to availability.
o
NOTE:
If grand prize winner resides within 250-miles of the chosen trip destination’s
metro area, Sponsor reserves the right to provide a $500 gift card toward
ground transportation in lieu of airfare.
·
Three
(3) nights accommodation (either (A) a two (2)
bedroom suite or (B)
two (2) double-occupancy bedrooms (2 people per bedroom), depending on
availability, in a 5-star hotel) in the greater Kapalua / Maui regional
area. Hotel and room types as solely determined and designated by Sponsor and
subject to availability.
·
Roundtrip
premium car service between the winner’s home address and designated departure
airport and between OGG airport and the designated hotel.
o
Car
service will accommodate the winner and their three (3) guests ONLY if the
winner’s guests are traveling to and from the same destinations together.
·
Two
(2) personalized experiences for the winner and winner’s three (3) guests.
o
Experiences
may include curated tour, spa services, dinner cruise, luau, or culinary. Sweepstakes Administrator and tour providers
(collectively “Travel Provider”) shall schedule the experiences based on the
interests of the grand prize winner’s preferences, subject to availability and
maximum ARV of grand prize award.
·
One
(1) $2,000 gift card toward ground transportation and incidentals. Gift card
subject to the terms and conditions, including any expiration, of the issuing
gift card provider policy.
·
Four
(4) customized intimate apparel packages (one (1) for winner and each of
winner’s guests), each valued at up to $250. All non-stated features of the prizes
are in Sponsor’s discretion and subject to availability, including without
limitation color, design, and sizing of the items contained in the intimate
apparel packages.
Total ARV
of grand prize award: $64,000.
Grand prize award
winner must complete travel within 10-months of claiming prize award and
provide a minimum of 4-weeks’ notice prior to selected dates of travel
(exclusion/blackout dates apply). Actual grand prize award ARV based upon final
travel accommodations, dependent on dates of travel, winner’s home location,
and winner’s choice of experiences.
NOTE: Grand prize
winner and guests must be at least 18 years of age and will be required to
execute and return a liability/publicity release prior to prize award. All ground transportation including airport
and hotel transfers, parking, meals, gratuities, checked baggage fees, airline
seat assignment fees, hotel resort fees, incidental expenses, applicable taxes
(including, but not limited to all local, state and
federal taxes) and any other expenses not specified herein as being included in
the prize award are the sole responsibility of the winner and/or winner’s
guests, as applicable. Sponsor is not responsible for late, lost, damaged or
stolen luggage. Winner and winner’s guests are responsible for obtaining
sufficient personal insurance prior to departure. The winner and winner’s
guests hereby release Sponsor and Sweepstakes Administrator
from any duty to provide, check, or verify any and all
necessary ID’s, passports, visas and tourist cards, birth certificates,
vaccination certificates, and any other travel requirements (“Personal
Documents”). Sponsor shall not have any responsibility for the replacement of
lost or stolen Personal Documents or tickets, coupons, vouchers, receipts or other documents pertaining to the prize (“Travel
Documents”) once the Travel Documents have been provided to winner and each guest.
Sponsor is not responsible for any travel delays, flight delays or
cancellations or travel difficulty related to prize award, redemption, or use. If
travel delays or difficulty prevent arrival in time for any
and all elements of trip or prize award, Sponsor is not responsible for
awarding any compensation in lieu thereof.
Winner and his/her guests must travel together on the same
itinerary. Any changes to completed
travel arrangements, once booked, are the sole responsibility of the winner,
and are solely at the winner’s expense.
Actual value of the trip will depend on point of departure, destination and any airfare fluctuations. If actual value of prize is lower than the
stated ARV of the prize award when it is procured and fulfilled, then the
difference will not be awarded to the winner.
The winner and winner’s guests are solely responsible for all costs
incurred to and from the nearest major airport to the winner’s home as
designated by Sponsor as the prize originates and terminates at such departure
point unless otherwise agreed to by Sponsor in writing.
Winner and winner’s guests
shall be subject to any qualifying conditions prior to and during travel
including any local, state or federal government
regulations in the departure or destination location, airline and/or hotel
requirements, or requirements including any regulation or policy related to
COVID-19 testing requirements or vaccination status. Any testing requirements, vaccination and/or
any related quarantine requirements and expenses are the sole responsibility
of, and at the sole expense of winner and guest. Winner and winner’s guests are subject to
vaccination requirement and policy, and if unable or unwilling to comply with
requirements, then all related prize award elements for which they fail to meet
shall be forfeit.
Sponsor will not be responsible for event delay, rescheduling,
postponement, or cancellation for any reason including but not limited to
weather, pandemic, an Act of God, Force Majeure, government regulation or
restriction, an act of terrorism, civil disturbance, work stoppage, or any
other reason. No substitute prize award or compensation shall be provided
by Sponsor in the event of any event delay, rescheduling, postponement, or
cancellation for any reason, and winner shall be subject to the terms and conditions
of the airline ticket and hotel policy and shall solely look to the airline
and/or hotel provider as applicable.
Winner and winner’s guests must be eighteen (18) years old and agree to
comply with all applicable airline, hotel, or Travel Provider’s rules
requirements and regulations in connection with the prize award, redemption and use. Sponsor and Travel Provider reserve
the right to remove or deny participation of any winner and/or his/her guest
who do not comply with any rule, requirement, instruction, policy, or who
engage in a disruptive manner, or with intent to annoy, abuse, threaten, or
harass any other person. Winner and
winner’s guests shall be solely responsible for their behavior while traveling and
must follow the instructions and direction from any Travel Provider or
associated staff or security. If winner or winner’s guest(s) violates the
standards of the Travel Provider, behaves in an inappropriate, irresponsible or
offensive manner, or is deemed by staff, security, or Travel Provider to have
violated any rule, regulation or policy of the Travel Provider, or to be a
security threat in any manner, the winner and winner’s guests shall be ejected
or denied entry, and shall immediately forfeit the remaining prize award.
All merchandise prize
items are awarded “as is” without warranty, express or implied. Prize winner
must accept delivery of prize in the method as solely determined and designated
by Sponsor. Prize shall be shipped only to the designated winner residential
address as submitted during initial online registration and/or as provided
during winner notification, via the carrier as determined and designated by
Sponsor (i.e., UPS, USPS or other Sponsor
designated carrier), or as otherwise specified by Sponsor. Allow 8
– 12 weeks for merchandise prize delivery.
Once shipped, prize
shall be considered as awarded and delivered, and Sponsor shall not be
responsible for actual receipt of delivery by winner. Sponsor shall not be responsible for any
lost, late, undelivered, misdirected, damaged or stolen delivery; or any
incorrect delivery address provided by winner during registration or prize
claim. In the event of any delivery
issues, including undelivered, misdirected, lost or stolen deliveries, Sponsor
shall have no responsibility to replace the prize award, and prize award shall
not be substituted by Sponsor with any alternate prize award or
compensation. Winner shall look solely
to designated shipper/carrier for any lost, damaged, stolen or mis-delivered
packages and not to Sponsor for any delivery issues.
General Prize Conditions:
All other costs and expenses related to prize acceptance, delivery,
redemption or use not specified herein as being provided are the sole
responsibility of winner. All income, federal, state
and local taxes are the winner’s sole responsibility. All prize awards are non-transferable
and no cash redemption or prize substitution allowed, except at Sponsor’s sole
discretion or as provided herein.
Sponsor reserves the right to substitute a prize with one of comparable
or greater value, at its sole discretion. All prizes are awarded as is, without
any warranty, express or implied, by Sponsor.
Failure to collect or properly claim prize in accordance with these
rules will result in forfeiture of the prize.
If forfeited for any reason, entrant will not receive any other prize
substitution or compensation, and the
prize will remain the property of Sponsor and will not be awarded, except as
provided herein. All properly claimed prizes will be awarded. Any unclaimed prizes will not be awarded.
7.
Verification of Potential Prize Winner: POTENTIAL PRIZE WINNER’S
ELIGIBILITY IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL
AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. Any potential prize
winner must continue to comply with all terms and conditions of these Official
Rules and winning is contingent upon fulfilling all requirements. Sponsor may
run a background check on any potential prize winner and/or their guest(s).
Sponsor may, in its sole discretion, disqualify any potential prize winner
and/or their guest(s) based on the results of such background check.
8.
Additional Rules & Restrictions: By
participating, entrants agree to abide by and be bound by the Official Rules
and the decisions of the Sponsor and Sweepstakes Administrator, which shall be
final in all matters relating to this Sweepstakes. In the event an entrant wins a prize and is
later found to be in violation of these rules he/she will be required to
forfeit the prize or to reimburse Sponsor for the stated value of the prize if
such violation is discovered after winner has used the prize. Participation in
Sweepstakes constitutes permission for the Sponsor and its designees to use
entrants’ names, cities and states of residence and/or
likenesses for purposes of advertising and trade in any and all media now or
hereafter known worldwide on perpetuity without limitation or further
compensation, notification or permission, unless prohibited by law. False, fraudulent or
deceptive entries or acts shall render entrant ineligible for any prize.
By participating,
entrants agree to hold all Released Parties harmless from any claims, losses,
actions, or damages of any kind, whether actual, incidental or consequential,
for injury (including but not limited to death), damages, losses or expenses
arising out of or relating to entrant’s participation in this Sweepstakes, or
the acceptance, possession or use/misuse of any prize, or participation in
prize-related activities (including but not limited to travel or activity
related thereto), and to assume all liability therefor.
Released Parties shall
not be liable to winner or any other person for failure to supply the prize or
any part thereof by reason of any acts of God, pandemics, any actions,
regulations, orders, or requests by any governmental entity, equipment failure,
terrorist acts, war, fire, unusually severe weather, embargo, labor dispute or
strike, labor or material shortage, transportation interruption of any kind, or
any other cause beyond Released Parties’ sole control.
Entrants are restricted
to use of ordinary and typical computer equipment, mobile phone equipment,
Internet access and cellular networks. Sponsor disclaims all liability for the
inability of any entrant to complete or continue an entry due to equipment
malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s
control, or otherwise. The Sponsor disclaims any liability for entries not
received due to technical difficulties or transmission errors. The Sponsor
disclaims all liability for any delays, mis-delivery, loss, or failure in the
delivery of any item sent by mail, courier, express, electronic transmission,
or other delivery method. Released
Parties are not responsible for mechanical, technical, electronic,
communications, telephone, computer, hardware or software errors, malfunctions
or failures of any kind, including: failed, incomplete, garbled or delayed
transmission of online entries, traffic congestion on telephone lines, the
Internet or at any website or lost or unavailable network connections which may
limit an online entrant's ability to participate in the Sweepstakes, and any
injury or damage to entrant’s or any other person’s computer or mobile phone
related to or resulting from participating in or downloading any information
necessary to participate in the Sweepstakes.
Released Parties are not responsible for any other errors of any kind,
whether computer, technical, typographical, printing, human or otherwise,
relating to or in connection with the Sweepstakes, including, without
limitations, errors which may occur in connection with the printing or
advertising of this Sweepstakes, administration or execution of the
Sweepstakes, the cancellation of the Sweepstakes, the processing of entries or
in the announcement of the prizes or prize winners. Sponsor, in its sole discretion, reserves the
right to disqualify any person tampering with the entry process or the
operation of the Sweepstakes website.
Sponsor reserves the
right to cancel, modify, reschedule or terminate the Sweepstakes for any reason
including, but not limited to acts of God, pandemics, force majeure, government
regulatory action or ruling, fraud,
misconduct, or if any technical failures destroy or threaten the integrity of
the Sweepstakes, in the opinion of the Sponsor and/or Sweepstakes Administrator
(as applicable), or if a computer virus, bug, or other technical problem
corrupts the administration, security, or proper conduct of the Sweepstakes as
determined by Sponsor and/or Sweepstakes Administrator (as applicable), in its/their
sole discretion. In the event of early termination of the Sweepstakes, Sponsor
reserves the right to determine a prize winner in a random drawing from among
all eligible, non-suspect entries received as of the time/date of such
termination.
9.
Limitations
of Liability: BY ENTERING THE SWEEPSTAKES, 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
SWEEPSTAKES, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, 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; AND (2) 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 AND/OR
ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
SOME
JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY,
SO THE ABOVE MAY NOT APPLY TO YOU.
FOR
CALIFORNIA ENTRANTS:
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE
CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE UNITED STATES
ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE RELEASED PARTIES. SECTION
1542 READS AS FOLLOWS:
“CERTAIN
CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY
HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.”
10.
BINDING
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: Except where prohibited by law, as
a condition of participating in this Sweepstakes, each entrant agrees as
follows:
Binding Arbitration
Agreement.
Except as otherwise stated below, any and all legal
issue, claim or dispute arising out of or connected or related in any way to
the Sweepstakes, including but not limited to the prize awarded, shall be
resolved through final, binding arbitration. Entrant specifically agrees that,
except as otherwise provided herein, entry into the Sweepstakes waives all
rights to bring a lawsuit based on such claim(s) or dispute(s) and the right to
have such lawsuit resolved by a judge or a jury.
This Arbitration
Agreement shall be governed by the Federal Arbitration Act, (9 U.S.C. § 1 et
seq.). Any arbitration will be commenced and administered by JAMS under the
rules of JAMS, including JAMS Consumer Arbitration Minimum Standards [https://www.jamsadr.com/consumer-minimum-standards/].
If JAMS’ criteria are met by the nature of the dispute, the entrant agrees that
the arbitration shall be conducted under JAMS Streamlined Arbitration Rules
& Procedures [https://www.jamsadr.com/rules-streamlined-arbitration/]. Judgment
upon any arbitration award may be entered in any court of appropriate
jurisdiction.
Each party will pay the
fees for his/her or its own attorneys, subject to any remedies to which that
party may later be entitled under applicable law. However, if entrant is unable
to pay JAMS’ costs, Sponsor will pay all arbitration fees and expenses. If JAMS
is unavailable, unwilling, or otherwise unable to administer an arbitration in
accordance with these rules, then another arbitration administrator will do, to
be selected by agreement of the parties.
Neither entrant nor
Sponsor shall be permitted to obtain awards, and all parties hereby waive all
rights to claim, punitive, incidental or consequential
damages, or any other damages, including attorneys’ fees, other than entrant’s
actual out-of-pocket expenses (i.e., costs associated with participating in
this Sweepstakes). The parties further waive all rights to have damages
multiplied or increased.
The arbitrator has the
same authority to award relief on an individual basis that a judge in a court
of law would have. The award of the
arbitrator is final and binding upon both you and us. Additionally, the arbitrator,
and not any federal, state, or local court or agency, shall have the exclusive
authority to resolve any dispute relating to the interpretation, applicability,
enforceability, or formation of this Arbitration Agreement, except that this
sentence shall not apply to the Class Action Waiver provisions described below.
The arbitrator will render a decision in writing. A court of competent
jurisdiction shall have the authority to enter judgment upon the arbitrator's
decision/award. This Arbitration Agreement will survive the termination of your
relationship with us.
Excluded Disputes. Notwithstanding the binding arbitration
requirement set forth in this section, entrant may bring qualifying claims in
small claims court so long as the matter remains in such court and advances
only on an individual, non-class, non-representative basis.
Class Action Waiver. To fullest extent
permitted by applicable law, you and we agree to bring any claim or dispute,
whether in arbitration, or court as permitted by these terms, ON AN INDIVIDUAL
BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There shall be no right
or authority for any claim or dispute to be brought, heard
or arbitrated as a class or collective action ("Class Action
Waiver"). The arbitration will decide the rights and liabilities, if any,
of you and us. The arbitration proceeding
will not be consolidated with any other matters or joined with any other cases
or parties. The arbitrator may award any remedy to which a party is entitled
under applicable law, but remedies shall be limited to those that would be
available to a party in their individual capacity. Regardless of anything else
in this Arbitration Agreement and/or the applicable JAMS rules, the
interpretation, applicability, enforceability or
formation of the Class Action Waiver may only be determined by a court and not
an arbitrator. This Class-Action Waiver will survive the termination of your
relationship with us.
One-Year Time Limit to
Raise Disputes or Claims. You agree that any dispute, claim or lawsuit, regardless of
form, that may arise out of or related to the Sweepstakes, must be filed within
ONE (1) YEAR of the action, omission, event or
occurrence giving rise to the dispute, claim(s) or lawsuit. After the
expiration of the one-year period, such dispute, claim(s)
or lawsuit will be time-barred and prohibited, without regard to any longer
period of time which may be provided by any period of limitation or pursuant to
law or statute.
Waiver of Jury Trial. BOTH ENTRANT AND SPONSOR HEREBY WAIVE ANY
CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT
OF A JUDGE OR A JURY, except as provided herein. We are instead mutually electing that all
disputes, claims, or requests for relief shall be resolved by arbitration under
this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis
the same damages and relief as a court and must follow this Agreement as a
court would. However, there is no judge
or jury in arbitration, and court review of an arbitration award is subject to
very limited review.
Location of
Arbitration. Entrant
may choose to have the arbitration conducted by video conference technology
such as zoom or based on written submissions. Otherwise, the location of the
arbitration proceeding shall take place in the city or state where entrant
resides, unless each party to the arbitration agrees otherwise, or at another
mutually agreed upon location.
11.
Severability: In the event any provision of these Official Rules is
determined to be void or unenforceable, such determination shall not affect the
remainder of these terms, which shall continue to be in force.
12.
Entrants’
Personal Information: Any information collected by
registering and entering the Sweepstakes shall be used only in a manner
consistent with these Official Rules and with Sponsor’s Privacy Policy [https://warners.com/policies/privacy-policy].
By entering the Sweepstakes, each
entrant agrees that s/he may be contacted, recorded and/or broadcasted by
Sponsor, and that his/her comment, post and/or submission may be used,
promoted, released, broadcasted or published by
Sponsor in any manner related to the promotion or advertising of the
Sweepstakes.
13.
Odds: Odds
of being selected as the grand prize winner are dependent upon the total number
of eligible entries received.
14.
Official Rules & Winners List:
For a copy of these Official Rules, or the name of prize winners, send a
self-addressed stamped envelope to be received by 10/15/2024 to: Warner’s 150th
Celebration Sweepstakes, c/o Million Dollar Media, P.O. Box 278, Woodbridge, NJ
07095. PLEASE SPECIFY which you are
requesting, official rules or winners list.
15.
Sponsor:
This Sweepstakes is sponsored by BR Intimates LLC, 1411 Broadway, 2nd
Floor, NY, NY, 10018.
16.
Sweepstakes Administrator:
The Sweepstakes is administered by Million Dollar Media, P.O. Box 278,
Woodbridge, NJ 07095.
This Sweepstakes is not affiliated with or sponsored, sanctioned or endorsed by or in any way in association with
Meta or Facebook. Meta and Facebook have
no liability or responsibility for any claim arising in connection with this
Sweepstakes or any prize(s) awarded in connection therewith.