The Dan Bilzerian Sweepstakes

Transcription

1 The Dan Bilzerian Sweepstakes OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE CONTIGUOUS 48 UNITED STATES AND D.C., 21 YEARS OF AGE OR OLDER. VOID IN ALASKA, HAWAII, FLORIDA AND NEW YORK AND WHERE PROHIBITED. EACH WINNER AND (IF APPLICABLE) HIS OR HER GUEST MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE, AS MORE FULLY DETAILED BELOW. BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THIS SWEEPSTAKES IS VOID WHERE PROHIBITED. 1. How to Enter: Beginning at 10:00 a.m. Pacific Standard Time ( PST ) on April 8, 2015 until 9:00 a.m. PST on April 15, 2015 (the Sweepstakes Period ), you may enter the Dan Bilzerian Sweepstakes (the Sweepstakes ) by visiting the website ( bilzerian-party-contest/) (the Website ) and completing and submitting the online entry form. Incorrect and incomplete entries are void. FILLING OUT TRIVIA QUESTIONS IS OPTIONAL, IS NOT REQUIRED TO ENTER OR WIN A PRIZE, AND WILL NOT IMPROVE YOUR CHANCES OF WINNING. These Official Rules are also available on the Website. All entries must be received by the end of the Sweepstakes Period to be valid. There is a limit of one (1) entry, per valid address, per eligible person, per day. For purposes of this Sweepstakes, a day begins at 12:00 a.m. PST and ends at 11:59 p.m. PST unless specified otherwise. If multiple entries are received, only the first entry will be accepted and additional entries will be disqualified. Multiple participants are not permitted to share the same address. Any attempt by you to obtain more than one (1) entry per day by using multiple/ different addresses, identities, registrations or logins, or any other methods may void your entries and you may be disqualified from the Sweepstakes. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by you. In the event of a dispute as to any online entry, the authorized account holder of the address used to enter will be deemed to be the entrant. The authorized account holder is the natural person assigned an address by an Internet access provider, online service provider or other organization responsible for assigning addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holders. Message and data rates apply to use of a mobile device for Sweepstakes entry. You may be charged by your wireless carrier for submitting your entry via mobile device. Be sure to check your wireless carrier s pricing plan

2 before entering via mobile device. Not all mobile devices offer wireless Internet access; and, wireless Internet access may not be available in all areas. 2. Eligibility: This Sweepstakes is open only to legal residents of the contiguous 48 United States and the District of Columbia who are 21 years of age or older as of start of the Sweepstakes Period. Persons in any of the following categories are NOT eligible to participate or win a Grand Prize in the Sweepstakes: any person who on or after December 1, 2014, was or is a director, officer, employee, agent, or independent contractor of Bilzerian Entertainment, LLC or First Slice Media, LLC, their parent companies, or their respective subsidiaries, affiliated companies or service agencies (collectively, Ineligible Entities ); (c) a director, officer, employee, agent or independent contractor of any entity engaged in the development, production or distribution of Sweepstakes materials, or of any entities retained by the Ineligible Entities or their agencies to assist in any way with the administration or advertisement of the Sweepstakes; and (d) any immediate family member (defined as spouse, IRS-dependent, or biological, foster, in-law, adoptive or step- mother, father, sister, brother, daughter or son) of, or who reside in the same household as, any person in any of the preceding categories. The transfer of a Grand Prize from an ineligible to an eligible person is strictly prohibited, unless approved in advance by Sponsor. Void in Alaska, Hawaii, Florida, New York and where prohibited. 3. Privacy: When you enter at the Website, you may be asked to consent to receive promotional s and reminders for upcoming promotions and information about Sponsor. Consenting to receive such s is optional and does not have to be agreed to in order to be eligible to enter the Sweepstakes and does not improve your chances of winning. In the event you do consent to receive these s, the use of such s shall be subject to the privacy policy of Sponsor (the Privacy Policy ), which is available at Any information you submit as part of the Sweepstakes will be treated in accordance with the Privacy Policy. Except where prohibited, participation in the Sweepstakes constitutes your consent to Sponsor s use of your name, likeness, entry, and state of residence for promotional purposes in any media without further payment or consideration. 4. Limitations of Liability: Bilzerian Entertainment, LLC ( Sponsor ) and First Slice Media, LLC (collectively with Sponsor, the Sweepstakes Entities ) their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person s computer relating to or resulting from participation in this Sweepstakes; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered

3 proof of delivery or receipt. All entries become the property of Sponsor and will not be returned. By entering, you agree to release, discharge, indemnify and hold harmless the Sweepstakes Entities, and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Sweepstakes and/or their receipt or use of any prize awarded in this Sweepstakes or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes. Any and all warranties and guarantees are subject to the respective manufacturer s terms. Except where prohibited by law, the winner s entry and acceptance of the prize constitutes permission for the Sweepstakes Entities to use said winner s and any travel companion s names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California ( Section 1542 ) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. 5. How Winner will be Determined and Announced: Five (5) grand prize winners (the Grand Prize Winners, each individually a Grand Prize Winner ) will be selected in a random drawing from among all eligible entries on approximately April 15, 2015, by Sponsor, and will be contacted by phone as well as on or about April 15, The Grand Prize Winners will be announced on one or more of Sponsor s social media sites, as well as posted on the Website ( Decisions of Sponsor with respect to Grand Prize Winner and other matters pertaining to the Sweepstakes shall be final. A prospective Grand Prize Winner and his or her guest may be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within one (1) day of issuance of prize notification. If Sponsor is unable to contact the prospective Grand Prize Winner by 12:00 p.m. PST, April 16, 2015, and if the prospective Grand Prize Winner or his or her guest fail to complete and return all requested forms by the specified date, or if the prospective Grand Prize Winner or his or her guest fail to comply with any of the requirements,

4 his/her prize will be forfeited and an alternate prospective Grand Prize Winner shall be selected. The odds of winning depend upon the number of eligible entries received. 6. Conditions of Entry: Entry materials that have been tampered with or altered are void. If, in the Sponsor s opinion, there is any suspected or actual evidence of electronic or nonelectronic tampering with any portion of the Sweepstakes, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Sweepstakes, the judges reserve the right at their sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Sweepstakes, or to terminate the Sweepstakes and conduct a random drawing to award the prize using all eligible, non-suspect entries received as of the termination date. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted on the Website. In the event of a dispute as to the identity of the winner based on an address, the winning entry will be declared made by the authorized account holder of the address submitted at time of entry. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY S FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. 7. Prize: Each Grand Prize Winner will receive a trip for two (2) to Dan Bilzerian s house, consisting of the following (the Grand Prize ): (i) round-trip (originate from and end at the same airport) coach class airfare for Grand Prize Winner and one (1) guest (who is at least 21 years of age), from the major U.S. airport nearest Grand Prize Winner s residence within the 48 contiguous U.S., and a return flight from Los Angeles California; (ii) one (1) night s first class hotel accommodations; (iii) round trip group transportation from the hotel to Dan Blizerian s house and back to the hotel; and (iv) admission to Dan Blizerian s Los Angeles, County, California home for a party beginning no sooner than (7:00 p.m. PST, April 18, 2015) and ending no later than (2:00 a.m. PST, April 19, 2015). Approximate retail value of the Grand Prize: $4,000. The specifics of all aforementioned elements of the Grand Prize in the Sweepstakes shall be solely determined by Sponsor. If in the judgment of Sponsor air travel is not required due to Grand Prize Winner's proximity to destination, ground transportation will be substituted for roundtrip air travel at Sponsor s sole and absolute discretion. The difference in value will not be awarded to the Grand Prize Winner. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor s airline carrier of choice as detailed in the passenger ticket contract. Grand Prize Winner will not receive difference between actual and ARV. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor s sole discretion. If a potential Grand Prize Winner is unable to accept a Grand Prize as stated, the Grand Prize and all

5 components of the Grand Prize may be forfeited in its/their entirety and awarded to an alternate winner. Grand Prize components are non-assignable, non-transferable and will be deemed void if sold, transferred, auctioned or assigned to any third person or entity. Any and all costs, fees (including, but not limited to, luggage fees and transportation between winner s home and departure airport), and expenses not expressly stated in the Grand Prize description are the sole responsibility of the Prize winner. No insurance is provided as part of the Prize, and obtaining any insurance, such as but not limited to travel insurance, health, accident or medical insurance, and property loss or damage insurance is the sole responsibility of the winner and/or winner s guest(s). All federal, state and local taxes on the prize are the Grand Prize Winner s responsibility. Grand Prize Winners and guests will be issued a 1099 tax form for the actual value of the respective prize. All travel must be arranged with Sponsor and is subject to availability and Sponsor s approval. If Grand Prize Winner is unable to fulfill Grand Prize during time period, Grand Prize Winner forfeits the Grand Prize in its entirety and an alternate winner may be selected. All travel dates will be determined by the Sponsor, and once made may not be altered except by Sponsor. Some restrictions may apply. Meals not described above, incidentals, tips, telephone calls, or any other personal expenses incurred during the trip are the responsibility of the Grand Prize Winner. All other expenses not specifically identified as included in the Grand Prize are the sole responsibility of the Grand Prize Winner. Grand Prize cannot be transferred, substituted, or redeemed for cash except at Sponsor s sole discretion. Sponsor reserves the right to substitute the prize, or portions thereof, with a prize of equal or greater value. Sponsor will not be liable for any missed opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. Tickets and certificates are nonrefundable and non-transferable and are not redeemable for cash. Changes to reservations are not permitted. Grand Prize Winner and guests must travel together on the same itinerary and are solely responsible for having any required travel-related documents (including valid government issued photo ID and/or any required passport or visa) prior to departure as well as fulfilling any/ all travel and security requirements. Tickets for any event may not be transferred or sold. If a Grand Prize Winner (or his/her guest) is not able to participate in any portion of a Grand Prize, that unused portion will not be substituted for cash or any other prize. Grand Prize Winners may be required to provide a current valid major credit card at time of hotel check-in to cover incidentals, and any and all costs, fees, and expenses not expressly stated in the Grand Prize description. Restrictions and/or blackout dates may apply to some Grand Prizes. Once a guest is determined, that guest cannot be changed without the express consent of Sponsor, which may be withheld for any reason. Each Grand Prize Winner (and each guest) agrees to maintain their behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Grand Prizerelated activity. Grand Prize Winner understand and agree that Sponsor has the right, in its sole discretion, to disqualify and remove a Grand Prize Winner or any guest from any activity at any time if that Grand Prize Winner or guest s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor, or otherwise violates

6 the policies of the Sponsor. The Grand Prize Winner is solely responsible for the behavior of his or her guest. 8. Disqualification/Force Majeure: It is the entrant s sole responsibility to ensure that he/ she has complied with the terms and conditions contained in these Official Rules. Sponsor reserves the right in its sole discretion to disqualify any individual 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. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify or suspend the Sweepstakes, including substituting any Grand Prize for one of equal or greater value, or any drawing and the offering of any Grand Prize related thereto, in any way, if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Sweepstakes, and/or a legitimate third party claim prevents Sponsor from continuing to conduct any drawing(s) and/or offer any Grand Prize(s). In the event Sponsor is prevented from continuing with the Sweepstakes, or any portion thereof, as contemplated herein or by any event beyond its 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 failure, 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 or jurisdiction, any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, or any other cause not reasonably within Sponsor s control (each a Force Majeure event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes and/or any portion thereof. If the Sweepstakes is terminated, in whole or in part, before the designated end date, Sponsor reserves the right to select potential winners (or the remaining Grand Prize Winners, as the case may be) in a random drawing (or drawing(s)) from all eligible, non-suspect entries received for the corresponding Grand Prize as of the date of the event giving rise to the termination. Any Prizes that are not duly claimed in accordance with these Official Rules will not be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official 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 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. 9. Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Sweepstakes Entities in connection with the Sweepstakes, shall be governed by and construed in

7 accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of California. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Los Angeles County, California, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of California. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF- POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. YOU (AND YOUR PARENTS OR LEGAL GUARDIANS IF YOU ARE A MINOR) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. 10. Winner List: A list of the Grand Prize Winners posted on the Website ( party.firstslice.com/bilzerian-party-contest/) for thirty (30) days from expiration of the Sweepstakes Period. 11. Official Rules: Official Rules are available online at for thirty (30) days from expiration of the Sweepstakes Period. 12. Sponsor: Bilzerian Entertainment, LLC, 6250 Hollywood Blvd, Los Angeles, CA 90028