ED Ellen DeGeneres
ED #colorEDin Contest ("Contest")
Important: Please read these Official Rules and Terms before participating in the Contest. By participating in the Contest, you, as an Entrant to the Contest, agree to be bound by these Official Rules and Terms and Terms and represent that you satisfy all of the eligibility requirements below.
OFFICIAL RULES AND TERMS (“Terms”)
Entries: Entrants must complete one (1) Entry via Instagram for a total of one (1) Entry. Terms on entry are set forth below in “How to Enter the Contest.” Entries require a device that can access the internet. Standard data and messaging rates apply.
Entry Period: All Entries must be received between during 1:20.00 p.m. EST on May 7th, 2020 and
9:00:00 p.m. EST on May 14th, 2020 (“Entry Period”). Late Entries will not be accepted or entered into the Contest.
How to Enter the Contest:
- Post a colored in picture of any of our ED Ellen DeGeneres Coloring Book Graphics, downloadable on https://edbyellen.com/pages/coloring-book on their public Instagram account’s Story or Feed.
- Add a linked sticker, text tag, or in-photo tag to @EDbyEllen and #colorEDin in the aforementioned Story or Feed post
- Follow @EDbyEllen
Any attempt by an Entrant to (i) create and use multiple Facebook or Instagram to obtain additional Entries, or (ii) post duplicate or near duplicate posts, will void such Entrant’s Entries and that Entrant may be disqualified, and any potential Prize will be forfeited. Entries generated through a third-party website or software or in any way other than the manner and format set forth in these Official Rules and Terms is prohibited, and SPONSOR reserve the right to disqualify any such Entrant(s).
Contest Prizes (“Prizes”): There will be one (1) Prize Winner, who will be awarded one (1) prize package consisting of:
- One (1) EDbyEllen.com $200 Gift (ARV $200.00)
The total ARV for the Prizes is $200.00. There is no other cash value for the prizes or consideration for participating in the Contest.
*All prize details will be determined by the SPONSOR in their sole discretion. The Winner will be contacted regarding the Winner’s personal contact information.
Additional Prize Information: SPONSOR will not replace any lost or stolen items. In the event of such a loss, SPONSOR shall have the right, in SPONSOR’S sole discretion, to disqualify the Prize Winner or to award to that Prize Winner the remaining elements of the Prize which shall constitute full satisfaction of SPONSOR’S prize obligation to the Prize Winner and no additional compensation will be awarded.
All expenses not specifically mentioned as responsible by the SPONSOR herein are not included in any prize and are solely the Prize Winner’s responsibility.
The Prize Winner will be required to review and execute further contracts and releases provided by SPONSOR to receive the Prize.
Any difference between stated ARV and final ARV of the Prize will not be awarded. The Prize consists only of the elements expressly set forth above, and no other elements or expenses are included in the Prize and all such expenses and taxes are the sole responsibility of the Prize Winner. No refund or compensation will be paid in the event of the cancellation or delay of the Prize or any Prize component. Tax consequences are the responsibility of the Prize Winner. The Prize Winner may be required to complete an IRS Tax Form W9 and will be issued a Form 1099.
There is no substitution for any Prize or any portion thereof and no refunds will be given for any unused portion of the Prize. The Prize is not transferable, assignable or redeemable for cash. All Prize details are at SPONSOR’S sole discretion.
No Warranties: ALL PRIZES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” CONTEST ENTITIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF ANY PRIZE, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The use of certain companies’ products and services as Prizes does not imply participation in, approval of, or endorsement of this Contest by such companies. All trademarks are the property of their respective owners.
Release, Hold Harmless And Indemnification: BY ENTERING, ALL ENTRANTS IN THE CONTEST, ENTRANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ALL CONTEST ENTITIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO) OR PARTICIPATION IN THE CONTEST AND THE ACTIVITIES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE CONTEST ENTITIES.
Other Contest Submission Requirements: Any Entry, in the sole discretion of SPONSOR and/or its Administrator, may be disqualified if the entry contains comments wherein the Entrant:
- Communicates messages or images inconsistent with the positive images and/or goodwill to which SPONSOR wishes to associate. Examples include, babies or pets in unsafe situations, or Entries that promote bigotry, racism, or discrimination.
- Disparages any person, Sponsors, the Contest Entities or any such entity’s products.
- Violates or infringes upon the copyrights, trademarks, or privacy, property, publicity or other intellectual property rights of any person or entity not affiliated with this Contest;
- Promotes illicit use of alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
Any Entry, in the sole opinion of Sponsors, that is considered inappropriate or not suitable for publication under the Official Rules and Terms, may be disqualified.
Potential Contest Winners may be required to execute and return an Affidavit of Eligibility for verification purposes or Liability/Publicity Release within three (3) days. If the potential Winner does not respond to SPONSOR’S Email within forty-eight (48) hours; or a Contest Prize Winner declines Prize offered; or the Prize Winner declines to execute an Affidavit of Eligibility or Publicity release, the Contest Prize will be forfeited and SPONSOR may select an alternate Winner by random drawing from among all remaining eligible Contest Entries received during the corresponding Entry Period. Contest Prizes will be delivered within six (6) to twelve (12) weeks from date of verification via mail or freight to the street/mailing address provided by a Winner via Email.
Disclaimer: Sponsors, the Contest Entities, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees, media partners, printers, and agencies (collectively, the "Released Parties") will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or Entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related or technical malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of SPONSOR or by non-authorized human intervention; (d) damage caused by computer virus or otherwise resulting to any computer from Entrant's participation in the Contest or access of the any websites related to the Contest, whether human, mechanical or electronic; (e) any printing or typographical errors in any materials associated with the Contest; or (f) incorrect or inaccurate information, whether caused by Internet users or by any of the programming or equipment associated with or used in the Contest.
If the Contest becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by SPONSOR and/or the Contest Entities, the user or by any of the equipment or programming associated with or utilized in the Contest, SPONSOR reserves the right, at its sole discretion, to change the Official Rules and Terms, to cancel, modify, suspend or withdraw the Contest or any Contest offer and/or cancel, modify, suspend or withdraw any method of Entry, without notice, and select Prize Winner from all Entries received for the Contest prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion, fire, casualties, equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the SPONSOR’S control.
ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prize notifications not claimed per the methods described in these Official Rules and Terms within forty-eight (48) hours will be forfeited and will be awarded to an alternate Winner. Prizes are not transferable. No substitutions or exchanges (including for cash) of any Prizes will be permitted, except that SPONSOR reserve the right to substitute a Prize of equal or greater value for any Prize. Limit one (1) Prize per person, household or address. All Prizes are awarded "AS IS" and WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). SPONSOR are not responsible for loss, delay or damage in shipping any Prize or notification.
Identity of Entrant: In the event of a dispute about the identity of an Entrant, Entries will be declared made by the Authorized Account Holder of the email address used at time of Entry. An "Authorized Account Holder" is defined as the natural person who is assigned to the email address by the platform provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning the email address for the domain associated with the submitted profile. A potential Prize Winner may be required to provide SPONSOR with proof that the potential Prize Winner is the Authorized Account Holder of the email address associated with the winning Entry.
General Release: BY ENTERING, ALL PARTICIPANTS IN THE CONTEST AGREE THAT THE CONTEST ENTITIES ASSUME NO LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE CONTEST ENTRANT’S ENTRY INTO THE CONTEST, THE USE, ACCEPTANCE, POSSESSION OR AWARDING OF ANY PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS OR ACCIDENT TO PERSON OR PROPERTY DUE TO AN INTENTIONAL ACT, AN ACT OF NEGLIGENCE OR DEFAULT AND/OR ANY ACT OF GOD.
Not Endorsed By Instagram: By participating in this Contest, you acknowledge that this Contest is in no way sponsored, endorsed or administered by, or associated with Instagram and release Instagram from any and all liability arising from or related to this Contest. The information you are providing for this Contest is being provided to SPONSOR and not to Instagram.
Not Endorsed By Facebook: By participating in this Contest, you acknowledge that this Contest is in no way sponsored, endorsed or administered by, or associated with Instagram and release Facebook from any and all liability arising from or related to this Contest. The information you are providing for this Contest is being provided to SPONSOR and not to Facebook.
Ownership And License: All Contest related materials, including submission Entries, Photos, and/or Statements (collectively, “Submission”) becomes the property of the SPONSOR and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the Entrant, but Entry into this Contest constitutes Entrant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the SPONSOR and/or others authorized by the Sponsors, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission. SPONSOR and/or others authorized by SPONSOR shall have the right to edit, adapt, and modify the Submission.
Any use of any of the Contest Entities trademarks or copyright interest is strictly prohibited and may subject Winner to civil and/or criminal liability.
Terms Request: For a copy of the Contest Prize Terms, send a stamped, self-addressed, business-size envelope by May 7th, 2021 to “ED Ellen DeGeneres #colorEDin Contest Terms List” at 121 East 24TH Street, 11th Floor, New York, New York 10010, Attn: Social Media Manager or via Email to email@example.com. To obtain a copy of these Official Rules and Terms, visit EDbyEllen.com/pages/coloredincontest or send a stamped, self-addressed business-size envelope to 121 East 24th Street, 11th Floor, New York, New York 10010 Attn: Social Media Manager or via Email to firstname.lastname@example.org. Residents of VT may omit return postage.
Intellectual Property Notice: The Contest and all accompanying materials are property of ED Ellen DeGeneres, a trademark of BCL-ED Newco LLC, Contest Sponsors, and their Partners. All featured trademarks, service marks, and logos are the property of their respective owners.
Miscellaneous: The Contest and these Official Rules and Terms will be governed, construed and interpreted under the laws of the state of New York, U.S.A., without regard to conflict or choice of law provisions or international treaties or conventions. Entrants agree and consent to exclusive jurisdiction and venue of the federal and state courts located in New York County in the State of New York, U.S.A. Entrants agree to be bound by the Official Rules and Terms and by the decisions of Sponsors, which are final and binding in all respects. SPONSOR reserve the right to change the Official Rules and Terms at any time and for any reason, in its sole discretion and without notice, and reserves the right, for any reason, to suspend or cancel the Contest or any Entrant's participation in the Contest including should viruses, bugs, unauthorized human intervention or other causes beyond SPONSOR’S control affect the administration, security, fairness or proper play of the Contest, or SPONSOR otherwise become (as determined in its sole discretion) incapable of running the Contest as planned. Entrants who violate the Official Rules and Terms, violate any law, rule or regulation in connection with participation in any Contest, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsors, the Contest or any other Entrant (in each case as determined in SPONSOR’S sole discretion) are subject to disqualification from Entry into the Contest. SPONSOR reserve the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Any provision of the Official Rules and Terms deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules and Terms will remain in effect. If you have any questions about these Official Rules and Terms or the Contest, please mail them to “ED Ellen DeGeneres #colorEDin Contest” at 121 East 24th Street, 11th Floor, New York, New York 10010 Attn: Social Media Manager or via email to email@example.com.
Contest Sponsors: BCL-ED Newco LLC (“ED Ellen DeGeneres”)
121 East 24TH Street
New York, New York 10010