NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Potential winners will be required to respond to an initial notification from Sponsor (defined below) within five (5) business days and may also be required to execute prize-acceptance documents and return them within five (5) business days from the date of issuance, as more fully detailed below.
By entering this Sweepstakes, you agree to these Official Rules, which are a contract, so read them carefully before entering. Without limitation, this contract includes indemnities to the Sponsor from you, a class-action waiver, a requirement that most disputes be settled by mandatory binding arbitration, and a limitation of your rights and remedies.
The Real-Seagram’s Escapes Italian Ice Sweepstakes (“Sweepstakes”) is sponsored by AFN Productions Inc. (“Sponsor”). The Sweepstakes begins at 12:00:00 a.m. Pacific Time (“PT”) on May 21, 2021 and ends at 11:59:59 p.m. PT on June 4, 2021 (the “Sweepstakes Period”). During the Sweepstakes Period, eligible participants (see Eligibility requirements, below) may enter the Sweepstakes by completing and submitting an entry form available at www.thereal.com/SeagramsEscapes (“Sweepstakes Site”), including providing your name, email address, mailing address, and date of birth, as described in more detail below. Following the close of the Sweepstakes Period, ten (10) entrants will be selected as the potential winners through a random drawing as described below.
This Sweepstakes is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia (“Territory”) who are at least twenty-one (21) years of age as of the date of entry. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, Telepictures Productions Inc., Warner Media LLC, Warner Bros. Entertainment Inc., any other party involved in the development, production, broadcast, or distribution of the TV show “The Real,” High Falls Operating Co, LLC d/b/a The Seagram Beverage Company, alcoholic beverage licensees, and their respective corporate partners, parent companies, divisions, subsidiaries, affiliates, assigns, and successors in interest, each of their respective advertising, promotion and public-relations agencies, and any other party participating in the development, design, administration, or fulfillment of this Sweepstakes (collectively, the “Released Parties”), and the immediate families (defined as any spouse, partner, parent, legal guardian, sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and members of the same household (whether legally related or not) of each such individual, are ineligible to participate or win the prize in this Sweepstakes. By submitting an Entry and participating in this Sweepstakes, you fully and unconditionally agree to and accept these Official Rules and the decisions of Sponsor, which are final and binding in all matters related to this Sweepstakes.
(3) HOW TO ENTER:
During the Sweepstakes Period, an eligible participant may enter the Sweepstakes by visiting the Sweepstakes Site and following the onscreen instructions to complete and submit the entry form, including providing his or her name, email address, mailing address, date of birth, and any other required information and agreeing to these Official Rules. Upon Sponsor’s receipt of a completed entry form during the Sweepstakes Period, the entrant will earn one (1) entry into this Sweepstakes.
Limit one (1) entry per person and per email address in this Sweepstakes Subsequent attempts made by the same individual to submit entries in excess of the above-stated limit by using multiple or falsified sets of contact information or by any other means are void and persons engaging in such conduct may, in Sponsor’s sole discretion, be disqualified. Entries must be submitted and received by Sponsor during the Sweepstakes Period and in strict accordance with the instructions and restrictions in these Official Rules and on the Sweepstakes Site. Entries that are not timely received by Sponsor will not be entered into the Sweepstakes. For purposes of this Sweepstakes, an entry is “received” when the servers operating the Sweepstakes Site record your completed entry form submission. Other proof of submitting or attempting to submit an entry (such as, without limitation, a screenshot of a “Thanks for Entering” or similar confirmation screen) does not constitute proof of actual receipt of the entry for purposes of this Sweepstakes. Those who do not abide by these Official Rules or the instructions of Sponsor or its representatives and provide all required information may, in Sponsor’s sole discretion, be disqualified and any entry by such person void. Entries that are fraudulent, forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made by you on behalf of any other party, made by another on your behalf, made by any entity or group, or originating at any online service other than the Sweepstakes Site (including, without limitation, through a commercial promotion subscription, notification, or entering service) will be declared invalid and disqualified for this Sweepstakes. As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules – including, without limitation, publishing such information on a winners list if applicable.
(4) WINNER SELECTION/NOTIFICATION & ODDS OF WINNING:
Ten (10) potential winners will be selected in a random drawing by Sponsor’s designated representative from among all eligible entries received during the Sweepstakes Period. The drawing will occur within approximately five (5) business days of the close of the Sweepstakes Period. Decisions of the Sponsor are final on all matters relating to the Sweepstakes, including interpretation of these Official Rules, acceptance or rejection of purported entries, determination of the winners, and awarding of the prizes.
Odds of winning depend on the number of eligible entries received.
Sponsor will attempt to notify each potential winner by sending an email to the email address submitted with the potentially winning entry. The potential winner must respond within five (5) business days and in accordance with the instructions in the notification or the prize may, in Sponsor’s sole discretion, be forfeited. Each potential winner may then be required to complete, sign, have notarized (if applicable), and return an Affidavit of Eligibility and Liability/Publicity Release (unless prohibited by law) and tax documents (collectively, “Prize Winner Documents”), any or all of which may require the potential winner to provide his or her Social Security Number and a copy of a government-issued identification or number therefrom, within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. The Prize Winner Documents, if applicable, must be received by Sponsor within five (5) business days of Sponsor sending the documents to the potential winner or other time frame as stated in the Prize Winner Documents, or prize may be forfeited and an alternate winner may be selected. If any prize, prize notification, or other Sweepstakes-related communication is returned as undeliverable or if a selected potential winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified and an alternate winner may be selected (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. The prize claim and Prize Winner Documents are subject to verification by Sponsor. The prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than two (2) alternate winners (time permitting) for any reason. If, for any reason, more bona fide potential winners come forward seeking to claim prizes in excess of the number of prizes set forth in these Official Rules, the winner(s) (or remaining winner(s), as the case may be) of the advertised number of prize(s) available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
(5) PRIZE, QUANTITY & APPROXIMATE RETAIL VALUE (“ARV”):
Subject to verification, ten (10) winners will each receive one (1) one hundred dollar ($100 US) gift card. Prize will be provided as a general-use prepaid card, as determined by Sponsor in its sole discretion. Gift card and its use are subject to terms imposed by its issuer, as specified on the card itself or in its accompanying materials. Gift card may be used towards the purchase of Seagram’s Escape, where available, or for any other products or services offered by retailers that accept the applicable gift card. Gift card will not be a major retailer card in compliance with applicable alcohol regulation laws.
ARV of each prize: $100. Total ARV of all prizes available in this Sweepstakes: $1000.
All prize details not specified in these Official Rules (including, without limitation, the nature/brand of the gift card) will by determined by Sponsor in its sole discretion. Any taxes (federal, state, and local) and other costs and expenses associated with prize acceptance or use and not specified in these Official Rules as being included as part of the prize will be the sole responsibility of winner. Each winner may be issued a 1099 and related tax forms for the actual value of the prize. No more than the stated prizes will be awarded. Sponsor will not replace any lost, mutilated, or stolen prizes or prize elements or any prizes that are undeliverable or do not reach the winner because of an incorrect or changed address or other contact information. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers, prize substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. Winner is strictly prohibited from selling, auctioning, trading, or otherwise transferring the right to receive the prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. Any mailed prize elements will only be mailed or otherwise provided to the verified winner’s address in the Territory, unless Sponsor, in its sole discretion, agrees otherwise. Sponsor reserves the right to substitute any prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including unavailability of the stated prize. Each entrant waives the right to assert as a cost of winning any prize any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
Each winner agrees that the prize is provided as-is without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose.
(6) GOVERNING LAW / RELEASE / INDEMNITY / LIMITATION OF LIABILITY:
Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
To the fullest extent permitted by applicable law, each entrant agrees to release, discharge, hold harmless, and indemnify each of the Released Parties from and against any claims, damages, disabilities, attorneys' fees, and costs of litigation and settlement, as well as any liability whatsoever, for injuries or damages of any kind sustained in connection with: (i) the Sweepstakes; (ii) the use, acceptance, possession, misuse or awarding of the prize; or (iii) while preparing for, participating in, and/or traveling to or from any Sweepstakes- or prize-related activity, including, without limitation, any injury, damage, death, loss, or accident to/of person or property.
By entering the Sweepstakes, entrant agrees that, to the 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 prizes 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 ten dollars ($10.00), 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 ten dollars ($10.00), 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 (provided that nothing herein will restrain a California resident’s right, if any, to seek public injunctive relief as permitted by applicable law).
(7) DISPUTES / ARBITRATION:
The parties each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes or any prize awarded shall be resolved solely by binding arbitration before a sole arbitrator under the Streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant’s residence) or – where required by the rules of JAMS or the applicable arbitration administration service – in or around your city of residence. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of this Sweepstakes, the show The Real, any advertising or other materials issued in connection with the Sweepstakes or the show The Real, or any other Released Party property (provided that nothing herein will restrain a California resident’s right, if any, to seek public injunctive relief as permitted by applicable law and in accordance with the other requirements of this dispute-resolution provision).
(8) ADDITIONAL DISCLAIMERS:
The Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entry, email, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, any Sweepstakes-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information, unauthorized human and/or mechanical intervention in any part of the entry process or this Sweepstakes; or technical or human error which may occur in the administration of this Sweepstakes or the processing of entries. Released Parties are not responsible for electronic communications that are undeliverable or do not reach entrant as a result of any form of active or passive filtering of any kind or insufficient space in a potential winner’s email or voicemail inbox to receive email or voicemail messages. Released Parties are not responsible, and may disqualify you, if your email address or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, the Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply any prize or any part thereof in the event that any of the Sweepstakes activities or Released Parties’ operations or activities are affected by COVID-19 or by any other cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic or pandemic (or similar public-health crises), fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, guidance, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
Each entrant understands and agrees that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States are hereby expressly waived by him/her against the Released Parties. Section 1542 reads as follows:
“A general release does not extend to claims which 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.”
(9) GENERAL RULES:
By entering the Sweepstakes (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her, and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional, and publicity purposes anywhere worldwide and in any medium now known or hereafter discovered or devised (including, without limitation, online) without any limitation of time, without further obligation or compensation of any kind, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates any Released Party to make use of any of the rights granted herein and winner waives any right to inspect or approve any use made pursuant to the rights granted.
All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Participants further agree to not damage or cause interruption of the Sweepstakes Site and/or prevent others from participating in or engaging with the Sweepstakes. Sponsor reserves the right to restrict or void entries or other participation from any IP address or other identifiable source if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void the entry of any entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Sweepstakes. Sponsor’s failure or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged ambiguity, discrepancy, or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules. If Sponsor determines at any time in its sole discretion that a winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend the Sweepstakes and award the prizes from eligible, non-suspect entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain a prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. In the event of a dispute concerning the identity of an entrant, the entrant will be declared to be the registered account holder of the email address associated with the entry submitted, but only if that person meets all other eligibility criteria, otherwise the entry may, in Sponsor’s sole discretion, be disqualified and any potential prize won will be forfeited. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the applicable email address. Any potential winner may be required to provide Sponsor with proof that he or she is the registered account holder of the email address associated with the email address associated with the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Caution: Any attempt to damage any online service or website or undermine the legitimate operation of the Sweepstakes may violate criminal and civil laws. If such an attempt is made, sponsor may disqualify any participant making such attempt and may seek damages to the fullest extent permitted by law.
(11) WINNER’S LIST/OFFICIAL RULES:
For a copy of these Official Rules or to find out who won, send a self-addressed, stamped envelope to: “
Seagram's Escapes Italian Ice Sweepstakes,” c/o AFN Productions Inc., 3500 W. Olive Ave, Suite 1000, Burbank, CA 91505. You must clearly indicate whether you are requesting a copy of the Official Rules or a winners list. Limit one (1) request per envelope. Rules requests must be received during the Sweepstakes Period. Vermont residents may omit return postage with Rules requests. Requests for the winners list must be received within three (3) months of the end of the Sweepstakes Period. These Official Rules will also be available during the Sweepstakes Period https://thereal.com/page/2021/04/23/seagrams-escapes-italian-ice-sweepstakes/
SPONSOR: AFN Productions Inc., 3500 W. Olive Ave., Ste. 1000 Burbank, CA 91505.
© 2021 Telepictures Productions Inc. All rights reserved.