DIRECTV 4K Sweepstakes
Sponsored by DIRECTV LLC
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED OR RESTRICTED BY LAW. PLEASE READ THESE RULES CAREFULLY. AS EXPLAINED BELOW, THE RULES REQUIRE THAT DISPUTES ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES BE RESOLVED IN ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY CLASS ACTIONS OR JURY TRIALS, AND LIMIT YOUR RIGHTS AND REMEDIES IN THE EVENT OF A DISPUTE.
- SWEEPSTAKES PERIOD: The DIRECTV 4K Sweepstakes (the “Sweepstakes”) begins on Wednesday, September 25, 2019 at 12:00am EDT and ends on Thursday, December 12, 2019 at 7:00 pm EST (“Sweepstakes Period”). The Sponsor of this Sweepstakes is DIRECTV, LLC (“Sponsor” or “DIRECTV”). The Administrator of this Sweepstakes is The Concept Studio, LLC (“Administrator”). Administrator’s computer is the official timekeeping device for the Sweepstakes.
- ELIGIBILITY: The Sweepstakes is open only to legal residents of the 50 United States of America, including the District of Columbia, who are at least 18 years of age at the time of entry (19 in the states of Alabama and Nebraska, and 21 in the state of Mississippi). Void outside of the 50 United States, the District of Columbia and where prohibited by law Employees, shareholders, officers, directors, agents, and representatives of Sponsor, Administrator, and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and participating promotion and advertising agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of the Sweepstakes and their respective employees, shareholders, officers, directors, agents, and representatives are not eligible to participate in the Sweepstakes. Immediate Family and Household Members (defined below) of such individuals are also not eligible to enter or win. For purposes of the Sweepstakes, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, stepchildren, siblings, stepsiblings, or spouses. Subject to all applicable laws.
- HOW TO ENTER: To enter the Sweepstakes, you need access to the Internet and a valid email account. You may participate by visiting the Sweepstakes page located at www.d4kdaksweeps.com (the "Sweepstakes Website") during the Sweepstakes Period, completing the entry form with information requested, and choosing which team you think will win that week’s Thursday Night football game identified on the Sweepstakes Website (each completed form and team selection, an “Entry”). A total of eight (8) Thursday Night games (each, a “Game”) will be included during the Sweepstakes Period as follows:
- 9/26/19: Philadelphia @ Green Bay
- 10/3/19: Los Angeles @ Seattle
- 10/17/19: Kansas City @ Denver
- 11/7/19: Los Angeles @ Oakland
- 11/14/19: Pittsburgh @ Cleveland
- 11/21/19: Indianapolis @ Houston
- 12/5/19: Dallas @ Chicago
- 12/12/19: New York @ Baltimore
Each week during the Sweepstakes Period, the Sweepstakes Website will be updated with the date and team names for that week’s game. If you choose the correct winner of that week’s game, you will be entered into the random drawing. One (1) winner will be randomly selected from among all Eligible Entries (defined below) for a total of eight (8) Sweepstakes winners. Limit one (1) entry per person per game. Entries for each week are separate; you must enter each week separately.
In the event that a game is canceled no prize will be awarded for the applicable week. In the event that a game is postponed, the Entry Period for the applicable week will remain the same, however, the Winner Selection Date will be postponed by the same number of days as the game.
You understand that Internet access and device data usage charges and any other charges imposed by your mobile plan and/or online service may. Contact your wireless carrier and/or check your mobile plan for data usage pricing plans and details.
- WINNER SELECTION/VALIDATION: Prize Winners will be selected on or about the following Tuesday after each of the 8 Thursday Night games listed above in a random drawing conducted by the Administrator from all Eligible Entries received for each of the particular games who have successfully selected the winner of such game. Winners will be notified via the email address provided on entry promptly after selection. Winners will be required to sign and return an affidavit of eligibility and prize/publicity release within seven (7) business days from the date on the notice. If a Winner cannot be reached after reasonable effort has been exerted (response within seven (7) days of Sponsor’s initial email notification, as described above), he or she is found to be ineligible at any point during the administration of the Sweepstakes, he or she cannot or does not comply with these Official Rules or the Sponsor’s or Administrator’s instructions, or if his or her prize, prize notification, or other Sweepstakes-related correspondence is faulty, rejected, or returned as undeliverable, that Winner may be disqualified without notification at Sponsor’s sole discretion and an alternate Winner may be selected at Sponsor’s discretion. Only three (3) alternate winners will be contacted, after which a prize will remain un-awarded. A potential winner (or any alternate potential winner if one must be selected) is not official and will not be confirmed as a Winner until he/she has completed, signed and returned any documentation which may be required by Sponsor, including, but not limited to, a notarized Affidavit of Eligibility, release of liability, publicity release form, and a completed IRS W-9 form (the “Sweepstakes Documents”), and the eligibility of the potential winner has been verified. If a Winner fails to sign and return the aforementioned required documents or provide any other requested information within the required time period including a valid mailing address (P.O. Boxes not permitted), the Winner forfeits his/her prize. Sweepstakes submissions are subject to validation by the Administrator. By taking part in this Sweepstakes you agree to be bound by these rules and all decisions of the Administrator and Sponsor, which are final and binding on all aspects of the Sweepstakes.
- PRIZES/ODDS: Eight (8) Grand Prizes will be awarded throughout the Sweepstakes. Each Grand Prize consists of one (1) 55” to 70” 4K Television, and one (1) D4K Branded Apparel Package Approximate Retail Value (“ARV”) of each Grand Prize: $1,200. Total ARV: $9,600. No substitutions or transfers of a prize, except at Sponsor’s discretion. No substitutions, cash redemptions, or transfers of a prize, except at Sponsor’s discretion. Selection of specific television and apparel is at Sponsor’s sole discretion.
All federal, state and local taxes and any other costs and expenses associated with acceptance and/or use of the Grand Prizes not specifically provided for in these Official Rules are solely the Winner’s responsibility. Odds of winning Grand Prize depend upon total number of eligible Entries received for each game who have successfully selected the winner of that game. Limit one (1) Grand Prize per person or household per the entire Sweepstakes.
Grand Prize Winners must supply Sponsor with a complete and valid IRS Form W-9 prior to receiving Grand Prize. The value of each Grand Prize is taxable to Winner as income. An IRS Form 1099 will be issued in the name of Winner for the actual value of Grand Prize awarded if the aggregate value of Grand Prize awarded to and other compensation received by Winner from Sponsor is $600 or greater for the calendar year.
- GENERAL CONDITIONS/INDEMNIFICATION: By participating in this Sweepstakes and/or by accepting any Sweepstakes prize that you may be awarded, you agree that Sponsor, Administrator, and each of their respective parents, subsidiaries and affiliated companies, units and divisions; and their advertising and promotional agencies and prize suppliers; each of their respective officers, directors, agents, representatives and employees; and each of these companies’ and individuals’ respective successors, representatives and assigns (collectively, the "Released Entities") shall not be liable for any and all actions, claims, including any third-party claims, injury, loss or damage arising in any manner, directly or indirectly, arising from or relating to this Sweepstakes, including entry and participation in this Sweepstakes, or the acceptance, possession, use or misuse of any prize. By participating in the Sweepstakes and/or accepting any prize that you may be awarded, you agree to fully indemnify each Released Entity from any and all such claims by third parties without limitation. Entrants authorize the Sponsor and its agents to use their name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, in Sponsor’s sole discretion, without further obligation or compensation. The Released Entities shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or submissions, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by your participation in this Sweepstakes or resulting from acceptance, possession, use or misuse of a prize; (v) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes; (vi) potential winner’s inability to accept any or all prize components. Released Entities disclaim any liability for damage to any phone or other electronic device resulting from participating in, or accessing or downloading information in connection with this Sweepstakes should a virus, bug, computer or phone problem, unauthorized intervention or any other causes beyond Sponsor's control, corrupt the administration, security or proper play of the Sweepstakes. Sponsor reserves the right in its sole discretion to modify, cancel, suspend or terminate the Sweepstakes in its entirety or any affected portion thereof. In the event the Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of 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 (e.g. SARS), order of any court or jurisdiction, or 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, cancel or terminate the Sweepstakes in its entirety or any affected portion thereof. If the Sweepstakes or a particular portion thereof is canceled or terminated before the designated Entry Period end date for any reason, Sponsor may (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. Sponsor may prohibit you from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other participants or Sponsor representatives.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHALL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE SWEEPSTAKES. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- BINDING ARBITRATION: By entering this Sweepstakes, you and Sponsor agree to arbitrate all disputes and claims arising out of or relating to this Sweepstakes, whether directly or indirectly. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (a) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (b) claims that arose before entry into the Sweepstakes (including, but not limited to, claims relating to advertising); (c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (d) claims that may arise after the termination of the Sweepstakes Period. Any arbitration must be brought in Atlanta, Georgia.
For purposes of this Section 7 only, references to “Sponsor,” “you,” “your” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of these Official Rules. Notwithstanding the foregoing, either party may bring an individual action in small claims court. In addition, either party may arbitrate in accordance with the terms of any other arbitration agreement between us; this arbitration agreement does not supersede other such agreements. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or any state agency that regulates sweepstakes. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering this Sweepstakes, you and DIRECTV are each waiving the right to a trial by jury or to participate in a class action. These Official Rules evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Official Rules.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Sponsor should be addressed to: DIRECTV LLC, Consumer Arbitration Demand, P.O. Box 915, El Segundo, CA, 90245 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Sponsor and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled. You may download or copy a form Notice and a form to initiate arbitration at http://www.att.com/arbitration-forms.
After Sponsor receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, Sponsor will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Official Rules, and will be administered by the AAA. The AAA Rules are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at http://www.att.com/arbitration-information.) The arbitrator is bound by the terms of these Official Rules. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Sponsor and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, Sponsor will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Sponsor for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Sponsor ‘s last written settlement offer made before an arbitrator was selected, then Sponsor will pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium")
If Sponsor did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The right to attorneys' fees and expenses discussed in this section supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Sponsor may have a right to an award of attorney's fees and expenses if it prevails in an arbitration, Sponsor agrees that it will not seek such an award.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND SPONSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sponsor agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in these Official Rules to the contrary, we agree that if Sponsor makes any future change to this arbitration provision (other than a change to the Notice Address) while these Official Rules are in effect, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
- GOVERNING LAW: All federal, state and local laws and regulations apply. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Released Entities in connection with the Sweepstakes, shall be governed by, and construed in accordance with Texas law without giving effect to any choice of law or conflict of laws.
- SPONSOR: This Sweepstakes is sponsored by DIRECTV LLC, 1025 Lenox Park Blvd NE, Atlanta, GA, 30319.
- ADMINISTRATOR: This Sweepstakes is administered by The Concept Studio, LLC, 606 Post Road East #693, Westport, CT 06880.
- FOR WINNERS LIST and OFFICIAL RULES: All requests for a copy of the Official Rules and for the names of the Winners (first name and state) must be made by December 31, 2019. For the names of the Winners and/or Official Rule(s) send a self-addressed stamped return envelope to: DIRECTV 4K Sweepstakes Winners, 606 Post Road East #693, Westport, CT 06880.
- The National Football League, its member professional football clubs, NFL Ventures, Inc., NFL Properties LLC, NFL Enterprises LLC, NFL Productions LLC, and NFL International LLC and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees (collectively, the “NFL Entities”) will have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or any prize awarded. The NFL Entities have not offered or sponsored this Sweepstakes in any way and all information provided is provided to Sponsor and not these entities.