'Original Tommy's Big Game Sunday Party' Sweepstakes Official Rules
“ORIGINAL TOMMY’S BIG GAME SUNDAY PARTY” SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
PURCHASE DOES NOT INCREASE CHANCES OF WINNING. THE “ORIGINAL TOMMY’S BIG GAME SUNDAY PARTY” SWEEPSTAKES (THE “SWEEPSTAKES”) AND ANY ADVERTISEMENT RELATING THERETO IS INTENDED FOR PARTICIPATION ONLY IN THE STATE OF CALIFORNIA COUNTIES OF LOS ANGELES, ORANGE, SAN BERNANDINO, RIVERSIDE, SAN DIEGO, AND VENTURA AND, THE STATE OF NEVADA COUNTY OF CLARK (THE “TERRITORY”) AND SHALL BE CONSTRUED ACCORDING TO, AND GOVERNED EXCLUSIVELY BY CALIFORNIA STATE LAW. DO NOT PARTICIPATE IN THIS SWEEPSTAKES IF YOU ARE NOT A LEGAL RESIDENT OF THE TERRITORY PHYSICALLY LOCATED IN THE TERRITORY AT THE TIME OF ENTRY, OR DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES BELOW. VOID WHERE PROHIBITED BY LAW.
1. SWEEPSTAKES DESCRIPTION: The “Original Tommy’s Big Game Sunday Party” Sweepstakes (the “Sweepstakes”) is sponsored by Fox Sports Net West, LLC, and Prime Ticket, both located at 1150 S Olive Street, Suite 350, Los Angeles, CA 90015 and Tomdan Enterprises, Inc. dba Tommy’s Hamburgers, located at 831 East Huntington Drive, Monrovia, CA 91606 (each a “Sponsor” and collectively referred to as “Sponsors”). The Sweepstakes, which website is located at http://www.foxsportswest.com/tommys (“Website”) begins on December 8, 2016, and ends January 15, 2017 (“Sweepstakes Period”). At the end of the Sweepstakes Period, a random drawing will be conducted to select one (1) prizewinner from all eligible entries received during the Sweepstakes Period. The prizewinner will receive a prize package as more specifically described below. By participating in this Sweepstakes, each entrant unconditionally agrees to abide by these Official Rules and the decisions of Sponsors in their sole discretion, which shall be final and binding in all matters relating to this Sweepstakes.
2. WHO MAY ENTER: The Sweepstakes is open only to legal residents of the state of California counties of Los Angeles, Orange, San Bernardino, Riverside, San Diego, and Ventura and, the state of Nevada county of Clark who are eighteen (18) years of age or older at the time of entry. Void where prohibited by law. Directors, officers and employees, (and their respective IRS dependents, immediate family members [children, spouse, parents, sibling] and individuals residing in their same household, whether or not related) of Sponsors, Fox Cable Network Services, LLC, Fox Entertainment Group, and The News Corporation, Inc. and each of their respective parents, affiliated, or subsidiary companies, advertising, promotion, production services, fulfillment agencies, legal advisors, web masters and web suppliers, if any, are not eligible to enter or win. The potential prizewinner of the Sweepstakes may be required to show proof of residency.
3. WHEN TO ENTER: The Sweepstakes begins at 2:00:01 p.m. Pacific Time (“PT”) on December 8, 2016, and ends at 11:59:59 p.m. PT on January 15, 2017 (the “Sweepstakes Period”). To be eligible for this Sweepstakes, all entries must be received by Sponsor by the end of the Sweepstakes Period. Sponsor’s database clocks shall be the official time keeping device for all entries received in connection with this Sweepstakes.
4. HOW TO ENTER: No purchase necessary to enter or win. A purchase does not increase chances of winning. A computer with Internet access is required to participate in this Sweepstakes. To be eligible for the Sweepstakes, during the Sweepstakes Period, each entrant must log on to the Website, which is located at http://www.foxsportswest.com/tommys and follow the links and instructions to the Sweepstakes registration page. Each entrant must then complete and submit all required information, which may include without limitation entrant’s full name and e-mail address. Upon completion of the aforementioned process, the entrant will receive one (1) entry into the Sweepstakes.
Each entrant must provide a valid e-mail address to be eligible. Proof of entering the required information at the Website is not considered proof of delivery to or receipt by Sponsor of entry into the Sweepstakes. In the event of a dispute regarding the identity of who actually submitted an entry, the entry will be deemed submitted by the authorized account holder of the e-mail address supplied at the time of entry. An “authorized account holder” is defined as the natural person to whom the applicable e-mail address has been assigned by the internet access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the address submitted. The potential prizewinner may be required to provide Sponsor with proof that he/she is the authorized account holder of the email address associated with the winning entry. There is no limit on the number of times an entrant may enter the Sweepstakes; so, enter as often as you like.
All requested information must be included on your official entry form to be eligible to win. No mechanically reproduced, illegible, forged, software-generated, other automated or incomplete entries will be accepted.
Sweepstakes entries will be deemed null and void and will be rejected if not submitted through authorized, legitimate channels. If a dispute as to the identity of any entrant cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Entry must be made by the entrant, only in the manner as set forth herein. All other methods of entry are considered void.
All entries become the exclusive property of Sponsor and will not be acknowledged or returned. As permitted by law, each entrant agrees that personal information collected in connection with this Sweepstakes may be shared with the Promotion Entities and Sponsor’s’ other promotional partners to contact you regarding promotional updates; information; messages; and for other reasons via electronic and/or ordinary mail and, will be used by Sponsor and such promotional partners in compliance with their respective privacy practices. Without otherwise limiting the foregoing, any personal information supplied by a Sweepstakes entrant to Sponsor will be subject to Sponsor’s privacy policy posted at http://msn.foxsports.com/privacy-policy (“Privacy Policy”). By entering the Sweepstakes related thereto, each entrant grants Sponsor permission to share your email address and any other personally identifiable information with the other Promotion Entities for the purpose of the Sweepstakes administration and Sweepstakes prize fulfillment. Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described herein or in the Privacy Policy.
5. DRAWINGS AND WINNER NOTIFICATION: SWEEPSTAKES PRIZE PACKAGE: Up to a total of
one (1) prizewinner will be selected for the Sweepstakes prize package. The potential prizewinner of the
Sweepstakes will be selected in a random drawing from all eligible entries received during the Sweepstakes
Period on or about January 16, 2017. The potential prizewinner will be notified by email on or about January 16,
2017, using the contact information provided at the time of entry. If a selected prizewinner cannot be reached by
e-mail, or does not respond within three (3) days of the initial attempt to notify such potential prizewinner, the
prize package may be forfeited and an alternate prizewinner may be selected in a random drawing from the
remaining eligible entries. Sponsor shall have no liability for any prizewinner notification that is lost, intercepted,
or not received by a potential prizewinner for any reason. If the selected prizewinner cannot be reached in the
timeframe specified above, Sponsor will attempt to contact up to two (2) potential prizewinners in accordance
with the above procedure, after which, the prize package may go unawarded if it remains unclaimed. If any
potential prizewinner is found to be ineligible, or if he or she has not complied with these Official Rules or
declines the prize for any reason prior to award, such potential prizewinner will be disqualified and an alternate
prizewinner may be selected. Determination of the prizewinners shall be made by Sponsor or its agents in their
sole and absolute discretion, and such determination shall be final and binding.
6. PRIZE/APPROXIMATE RETAIL VALUE /ODDS: Up to a total of one (1) prize package will be
awarded. The prize package shall consist of (i) one (1) Flat Screen Television; and (ii) one (1) one hour visit to
their residence by the Original Tommy’s “Shack on Wheels” mobile food delivery on Sunday, February 5, 2017,
whereby the prizewinner and his or her guests will be served up to one hundred (100) meals, which shall also
include one hundred non-alcoholic (100) soft drinks (“Prize Package”). The approximate retail value (“ARV”)
for the Prize Package is One Thousand Eight Hundred Dollars ($1,800). In the event that Sponsor is unable to
secure all necessary and required county and city permits related to the mobile food delivery, Sponsor will
substitute the cash value for that portion of the Prize Package in the amount of One Thousand Dollars ($1,000).
The prizewinner shall be responsible for all other expenses not specified herein as being awarded, including
without limitation delivery, processing and handling fees. If a prizewinner is unavailable on Sunday, February 5,
2017, such prizewinner will forfeit the Prize Package in its entirety.
If applicable to any prize awarded herein, each prizewinner’s companions must be eighteen (18) years of age or
older or if any such companion is under the age of eighteen (18), the prizewinner must be such companion’s
parent or legal guardian in order to participate in the prize activities. Each prizewinner’s companions must sign
and return a Liability Release and (where legal) a Publicity Release prior to ticketing of the Prize Package.
Odds of winning depend upon the actual number of eligible entries received during the Sweepstakes
Period.
7. GENERAL PRIZE RESTRICTIONS: All minors (as defined below) must be accompanied, at all times, by
an adult. The potential prizewinner is subject to verification. If lost, the Sweepstakes Prize Package or any portion
thereof awarded will not be replaced. The Sweepstakes Prize Package will not be substituted, except at Sponsors’
sole discretion due to prize unavailability and then only for a prize of equal or greater value. The Sweepstakes
Prizewinner is solely responsible for the reporting and payment of any federal, state and/or local taxes on the
Prize Package. If any potential prizewinner declines the Sweepstakes Prize Package, is found to be ineligible, or
fails to comply with these Official Rules, such potential prizewinner will be disqualified and will forfeit the Prize
Package he or she otherwise might have received. In the event a prizewinner or his or her guest engage in
behavior that (as determined by Sponsors in their sole discretion) is obnoxious or threatening, illegal or that is
intended to annoy, abuse, threaten any other person, Sponsors reserve the right to terminate the applicable event
early, in whole or in part with no further compensation. Upon verification of entrant’s win and compliance with
these Official Rules, delivery of the Prize Package will be coordinated by a representative of Sponsors and the
prizewinner will receive notification with details on how to claim his or her Prize Package. All details and other
restrictions of Prize Package not specified in these Official Rules will be determined by Sponsors in their sole
discretion.
8. GENERAL PRIZE CONDITIONS: Eligibility, age and all claims made by prizewinner is subject to
verification. Sponsors and their agents are not responsible for fraudulent communications including without
limitation phone calls, mail, and e-mails made or sent to entrants. Prizewinner may be required to execute an
Affidavit of Eligibility, a Liability Release and where imposing such condition is legal, a Publicity Release
(“Prize Claim Documents”). If a Prizewinner is not of legal age of majority in his or her state of residence (a
“Minor”) at Sponsors’ option, the applicable Prize Package either will be awarded in the name of the parent or
legal guardian of the prizewinner, or the parent or legal guardian of the prizewinner will be required to ratify and
sign Prize Claim Documents. The Prize Claim Documents must be returned within the time frame indicated on
the documents. If a potential prizewinner (or, in the case of a Minor, such Minor prizewinner’s parent or legal
guardian) fails to return such documents within the prescribed time, or if a potential prizewinner is found to be
ineligible, or if he/she does not comply with these Official Rules, then the potential prizewinner will be
disqualified and an alternate prizewinner for the Sweepstakes Prize Package may be selected from the remaining
eligible entries. All applicable U.S., Federal, state, and local taxes, duties, or other taxes or fess are the sole
responsibility of the prizewinner, who may be issued a 1099 IRS tax form for the ARV of any awarded Prize
Package. Acceptance of the Prize Package constitutes permission for the Sponsors and their agents to use said
prizewinner’s name, photograph, likeness, statements, biographical information, voice, and city and state address
for all purposes and in all forms of media, in perpetuity, without further notice or compensation.
Depiction of the Prize Package or any portion thereof in any advertising, promotional materials, or on the
Sweepstakes Website (if any) may not reflect the actual Prize Package delivered to the prizewinner. Sponsors or
their agents shall not be responsible for delays in delivery of any Prize Package once it has been shipped by
Sponsors or their agent. Prizewinner shall bear all risk of loss or damage to the Prize Package or any portion
thereof after it has been delivered to the prizewinner. Prizewinner cannot assign or transfer the Prize Package or
any portion thereof to another person or entity and is not entitled to cash in place of any Prize Package or portion
thereof. The Prize Package and any portion thereof is subject to availability and Sponsors in their sole discretion
may substitute cash or a different prize of approximately equal or greater retail value except where prohibited by
law. No transfer, substitution, or cash equivalent for prizes allowed except at Sponsors’ sole discretion due to
prize unavailability and then only for a prize of equal or greater value.
9. CONDITIONS OF PARTICIPATION: This Sweepstakes is subject to all applicable federal, state, and local
laws. By entering the Sweepstakes, each entrant hereby: (a) agrees that the Promotion entities and each of their
respective parent, subsidiaries and affiliated companies, advertising and promotion agencies, and each of their
respective officers, directors, employees, representatives and agents will have no liability whatsoever for, and
shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to
person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance,
possession, misuse or use of any prize or participation in this Sweepstakes or any Sweepstakes-related activity, or
for any typographical or other error in the printing, offering or announcement of any prize; (b) releases the
Promotion Entities, their parent companies, subsidiaries, distributors, affiliates, advertising and promotion
partners, fulfillment and/or judging agencies, retailers, franchises, agents and their estate and/or family members
from all liability, claims, action, or proceedings relating to this Sweepstakes and from injuries or damages arising
in connection with or relating to participation in this Sweepstakes, or use or misuse of the Prize Package or any
portion thereof; and (c) waives any right to claim ambiguity in the Sweepstakes or these Official Rules. Sponsors
reserve the right to modify these Official Rules for clarification purposes without materially affecting the terms
and conditions of the Sweepstakes, to void suspect entries and/or cancel, terminate or suspend any portion of this
Sweepstakes should a virus, bugs, non-authorized human intervention or other causes beyond the control of
Sponsors corrupt or impair the administration, security, fairness or proper play of the Sweepstakes and, in any
such event, at its discretion, select prizewinner(s) from eligible, non-suspect entries received prior to the event
requiring such termination, cancellation or suspension. This Sweepstakes may not be used for any form of
gambling.
10. IMPORTANT: PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By
entering the Sweepstakes, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising
out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to
any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket
costs incurred, including costs associated with entering the Sweepstakes, but in no event will attorneys’ fees be
awarded or recoverable; and (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 or consequential damages
and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages
multiplied or otherwise increased. Each entrant acknowledges and agrees that the Promotion Entities, and each of
their agencies, web masters/suppliers, contractors and vendors are not responsible for any costs, injuries, losses,
or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected, or illegible
entries or for failure to receive entries due to any cause, including without limitation human, transmission, or
technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsors, or
otherwise, that may limit an entrant’s ability to participate in the Sweepstakes; (ii) incorrect or inaccurate
information whether caused by internet users, or by any equipment or programming associated with or utilized in
connection with this Sweepstakes and assume no responsibility for any error, omission, malfunction, interruption,
deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or
unauthorized access to, tampering, or hacking; (iii) any injury or damage resulting from participation in the
Sweepstakes and/or the use and/or misuse of any prize package or portion thereof (including, without limitation,
claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of
property, or any claims, costs, injuries, losses, or damages related to or based on the entrant’s rights of publicity
or privacy); or (iv) the entrant’s claim that he or she has somehow been defamed or portrayed in a false light.
Sponsors and Promotion Entities assume no responsibility for any errors or failures that are human or technical in
nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Sponsors reserve the right, in their sole discretion, to disqualify any entrant it finds to be tampering with the
Submission process or operation of the Sweepstakes or to be acting in an unsportslike or disruptive manner, or
with intent to threaten, abuse or harass any other person. If, for any reason, this Sweepstakes is not capable of
running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized
intervention, fraud, technical failures or any other causes which, in the sole opinion of the Sponsors, corrupt or
affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsors reserve the right, in their sole discretion, to cancel, terminate, modify or suspend this Sweepstakes and determine prizewinner from all eligible entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsors.
11. GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSORS IN CONNECTION WITH THE SWEEPSTAKES OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL 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 SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
IN NO EVENT WILL SPONSORS, PROMOTION ENTITIES, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE SWEPSTAKES. WITHOUT LIMITING THE FOREGOING, ALL PRIZES AND EVERYTHING IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE PROMOTION ENTITIES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
12. COPY OF OFFICIAL RULES/WINNERS LIST: Visit http://www.foxsportswest.com to view a copy of the Official Rules or any legally required winner’s list. Any legally required winner’s list may be available for a period of thirty (30) days following the end of the Sweepstakes Period. The Official Rules may not be available following the end of the Sweepstakes Period.
13. SPONSORS: Fox Sports Net West, LLC and Prime Ticket
1150 S Olive Street, Suite 350
Los Angeles, CA 90015
Tomdan Enterprises, Inc. dba Tommy’s Hamburgers
831 East Huntington Drive
Monrovia, CA 91606
