Tudum ‘Sandman’ Giveaway Official Sweepstakes Rules - Netflix Tudum

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    Tudum ‘Sandman’ Giveaway Official Sweepstakes Rules

    No Purchase Necessary

    By Tudum Staff
    Aug. 17, 2022

OFFICIAL RULESTUDUM ‘SANDMAN’ SWEEPSTAKES

(“OFFICIAL RULES”)

PRELIMINARY INFORMATION: NO PURCHASE NECESSARY TO ENTER OR WIN THE TUDUM ‘SANDMAN’ SWEEPSTAKES (“SWEEPSTAKES”). A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THE SWEEPSTAKES WILL BEGIN ON AUGUST 17, 2022 AT 8 A.M. PACIFIC TIME AND END ON AUGUST 31, 2022 AT 8 A.M. PACIFIC TIME (“SWEEPSTAKES PERIOD”).  ALL TIMES IN THE SWEEPSTAKES REFER TO PACIFIC TIME (“PT”).  ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES (AS DEFINED BELOW) RECEIVED. SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS. 

ELIGIBILITY: Open only to permanent, legal United States (“US”) residents who are physically residing in one of the fifty (50) US states or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other US territories, and who are eighteen (18) years of age or older and the age of majority in their state of residence as of the start of the Sweepstakes Period.  Employees, officers, and directors of the Sweepstakes Entities (as defined below), members of these persons’ Immediate Family/Household (as defined below) are not eligible to enter or win the Sweepstakes. “Sweepstakes Entities”, as referenced herein, is defined as collectively: Netflix Publishing, LLC (“Sponsor”) and its parents, subsidiaries, affiliates, suppliers, vendors, independent contractors, and agencies, prize providers, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.  “Immediate Family/Household”, as referenced herein, is defined as collectively: (a) any of the following regardless of where they reside: a parent, sibling, child by blood, adoption, or marriage, spouse, grandparent or grandchild; and (b) persons living in the same household as the person whether or not related thereto.  

HOW TO ENTERTo enter the Sweepstakes, during the Sweepstakes Period, visit https://www.netflix.com/tudum and follow the provided instructions to complete and thereafter submit the entry form (which includes full name, email address, state of residence, and phone number) (each, an “Entry” and collectively, the “Entries”). If you choose to submit your Entry via your web-enabled mobile device, data rates may apply.  See your wireless service provider for details on rates and capabilities.  All Entries become the property of Sponsor and will not be acknowledged. 

Limit one (1) Entry per person during the Sweepstakes Period. Multiple Entries received from any person beyond this limit will void all such additional Entries.  Entries generated by script, macro, or other automated means or by any means that subverts the entry process will be disqualified. Entries must be received before August 31, 2022 at 8 A.M. PT  to be eligible for the Sweepstakes. Sponsor’s computer shall be the official timekeeper for all matters related to the Sweepstakes. Entries that are incomplete, garbled, corrupted, fraudulent, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted.  In case of a dispute over the identity of an entrant, the authorized account holder (i.e., the person assigned to an email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the email address submitted at the time of Entry) of the email address used to enter will be deemed to be the entrant.  

PRIZES AND ODDS OF WINNINGThere will be One (1) prize awarded in total in this Sweepstakes (“Prize”). The Prize will consist of the following: a replica of Morpheus’ mask from The Sandman. The estimated retail value (“ERV”) of the Prize is Three Thousand Five Hundred U.S. Dollars (US $3,500.00).  Actual retail value (“ARV”) may vary.  Any difference between ERV and ARV will not be awarded to Winner. ARV of each Prize  may be higher or lower based on current market conditions at the time the Prize is awarded.

Odds of winning depend on the total number of eligible Entries received during the Sweepstakes Period. 

PRIZE TERMS AND RESTRICTIONS: Winners will be solely responsible for paying all applicable federal, state, or local taxes on the Prize based upon the value of the Prize as set forth in these Official Rules and, for any Prize with an ARV of six hundred US $600.00 or greater, Winners will be issued an IRS form 1099 for the ARV of the Prize for the year in which Prize was won.  

ALL DETAILS OF EACH PRIZE WILL BE DETERMINED BY SPONSOR IN ITS SOLE DISCRETION AND ARE SUBJECT TO AVAILABILITY.  SPONSOR RESERVES THE RIGHT TO SUBSTITUTE ANY PRIZE (OR PORTION THEREOF) WITH A SIMILAR PRIZE (OR PRIZE ELEMENT) OF COMPARABLE OR GREATER VALUE.  PRIZES CANNOT BE TRANSFERRED BY WINNER(S) OR REDEEMED FOR CASH AND PRIZES ARE VALID ONLY FOR THE ITEMS DETAILED ABOVE, WITH NO SUBSTITUTION OF ANY PRIZE (OR PORTION THEREOF) BY WINNER(S). ALL TAXES AND OTHER EXPENSES, COSTS, OR FEES ASSOCIATED WITH THE ACCEPTANCE AND/OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF WINNER. SPONSOR SHALL HAVE NO RESPONSIBILITY OR OBLIGATION TO ANY WINNER OR ANY POTENTIAL WINNER WHO IS UNABLE OR UNAVAILABLE TO ACCEPT OR UTILIZE A PRIZE (OR PORTION THEREOF) AS DESCRIBED HEREIN. ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE SWEEPSTAKES ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.  

WINNER SELECTION AND NOTIFICATION:  On or  about August 31, 2022 (“Drawing Date”), potential prize winners (each, a “Winner” and collectively, the “Winners”) will be selected in a random drawing by representatives of Sponsor from all eligible Entries received during the Sweepstakes Period. Sponsor will make two (2) attempts to notify potential Winner at the email address submitted at the time of Entry.  Sponsor may share potential Winner’s name and contact information with Sweepstakes Entities and/or any prize providers, as applicable, if necessary.  Potential Winner(s) may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within three (3) days of such notification.  Noncompliance within this time period will result in disqualification and, at Sponsor’s sole discretion an alternative potential Winner may be selected from amongst the remaining eligible Entries for the relevant Drawing.  If any potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if the Prize notification is returned as undeliverable, such potential Winner will be disqualified and time permitting, at Sponsor’s sole discretion, an alternative potential Winner may be selected from the remaining eligible Entries for the relevant Drawing. By accepting a Prize, Winner agrees to fully cooperate with Sponsor and its representatives as to Sponsor’s compliance with all applicable governmental reporting requirements, including by providing upon request his/her Social Security Number via IRS Form W-9. 

GENERAL LIABILITY RELEASE AND CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators: (a) to release and hold harmless the Sweepstakes Entities and each of their respective officers, directors, agents, and employees (collectively “Released Parties”) from and against any and all liability, illness, injury, death, litigation, loss, damage, property damage, right, claim, and action of any kind arising in whole or in part, directly or indirectly, whether caused by negligence or not, from each entrant’s participation in the Sweepstakes or participation in any Sweepstakes-related activity (including, without limitation, the removal or discontinuation of access to, any materials), or resulting directly or indirectly, from acceptance, possession, use, or misuse of any Prize or any portion thereof (including any travel related thereto) awarded in connection with the Sweepstakes, including, without limitation, claims based on publicity rights, defamation, and/or invasion of privacy; (b) to indemnify the Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, including express warranties provided exclusively by Prize providers that are sent along with any Prize; and (c) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion. 

Acceptance of a Prize constitutes Winner’s permission, except where prohibited by law, for the Sweepstakes Entities to use Winner’s name, image, likeness, voice, picture, audio and video recordings of, biographical information, statements, and any material based thereon or derived there from, together with any actual or fictional material, or to refrain from so doing, and address (city and state), without the ability to review, for advertising, promotional and/or publicity purposes worldwide and in any and  all forms of media now known or hereafter developed, in perpetuity, without further compensation.  

ADDITIONAL TERMS:  Sponsor reserves the right in its sole discretion to disqualify any entrant who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such entrant to the fullest extent permitted by law.  Any violation of these Official Rules by a Winner or any behavior by a Winner, in any of the Sweepstakes Entities’ good faith determination,  brings any of the Sweepstakes Entities or any activity related to the Sweepstakes or the Prizes into disrepute or otherwise sheds a negative light onto any of the Sweepstakes Entities, or any activities associated with the Sweepstakes will result in such Winner’s disqualification as a Winner of the Sweepstakes and all privileges as a Winner will be immediately terminated. 

Released Parties are not responsible for incomplete, illegible, misdirected, misprinted, late, or lost Prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Released Parties assume no responsibility for any injury or damage to any entrant’s or to any other person's computer relating to or result from entering or downloading materials or software in connection with the Sweepstakes. 

THE FAILURE OF SPONSOR TO COMPLY WITH ANY PROVISION OF THESE OFFICIAL RULES DUE TO A FORCE MAJEURE EVENT OR OCCURRENCE (AS DEFINED BELOW) WILL NOT BE CONSIDERED A BREACH OF THESE OFFICIAL RULES.  SPONSOR RESERVES THE RIGHT TO CANCEL, MODIFY, OR SUSPEND THE SWEEPSTAKES OR ANY ELEMENT THEREOF (INCLUDING, WITHOUT LIMITATION, THESE OFFICIAL RULES) WITHOUT NOTICE IN ANY MANNER AND FOR ANY REASON (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF ANY UNANTICIPATED OCCURRENCE THAT IS NOT FULLY ADDRESSED IN THESE OFFICIAL RULES).

Force Majeure Event or Occurrence”, as referenced herein, is defined as any event beyond Sponsor’s control, including, but not limited to, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failures, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court of jurisdiction, or other cause not reasonably within Sponsor’s control.

GOVERNING LAW: Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees to the following: (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office in New York, NY; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction.  Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives 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 entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the right and obligation of entrants and Sponsor in connection with this Sweepstake​​s, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA, without regard to New York choice of law provisions.

PERSONALLY-IDENTIFYING INFORMATION:  Information submitted to Sponsor by any entrant is subject to Sponsor’s Privacy Policy which can be viewed online at https://www.netflix.com/tudum/articles/the-sandman-mask-giveaway-privacy-policy. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personally-identifying information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.

WINNER LIST/OFFICIAL RULES:  For a copy of these Official Rules or a list of the Winners, available after August 31, 2022, send an email to tudumgiveaway@netflix.com with the subject line: Tudum Sandman Giveaway.  The email must be received within 60 days of the end of the Sweepstakes Period. 

SPONSOR: Netflix Publishing, LLC, 100 Winchester Cir, Los Gatos, CA 95032.

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