DVD Netflix

FORTY DAYS OF GIVING CONTEST TERMS AND CONDITIONS
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES

1. Participation in the contest is subject to these terms and conditions.

2. Entry is open only to residents of the United States and the District of Columbia that are eighteen (18) years of age or older.

3. There is no entry fee and no purchase necessary to enter this contest. To enter the Forty Days of Giving Contest, you may enter in multiple ways.  1) Tell us what holiday family you are most like or your must-see Holiday DVD, with the hashtag #DVDMe on Instagram or Twitter to receive one (1) entry.  2) Share the DVD.com Mad Lib with the hashtag #DVDMe on Instagram or Twitter to receive one (1) entry.  The account onto which you post your photo from must be public; Instagram or Twitter accounts set to “private” will not be considered.  On Twitter also include @dvdnetflix so we can ensure that we see all the entries. 3) Anyone who purchases a DVD.com gift card will be automatically entered to win.  Netflix will select one (1) potential winner daily from among all eligible entries received between November 15 and December 24, 2016.

4. There is a maximum of one (1) entry per participant per day throughout the Contest Period, regardless of channel used to enter. Entering the contest multiple times will not increase your chance of winning.

5. Entry may not contain, as determined by Netflix, in its sole discretion, any content that:
·    is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
·    promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
·    is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted Entries;  
·    defames, misrepresents or contains disparaging remarks about other people or companies;
·    contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission;
·    contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
·    communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
·     violates any law.

By submitting an Entry, entrant acknowledges and agrees that Netflix may obtain many Entries in connection with this Contest and/or other contests staged and/or promoted by Netflix, and that such Entries may be similar or identical in theme, idea, format or other respects to other Entries submitted in connection with this Contest and/or other contests sponsored by Netflix or submitted for other reasons or other materials developed by Netflix. Entrant waives any and all claims entrant may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by the entrant may be similar to his/her Entry, or that any compensation is due to entrant in connection with such Entry or other works used by Netflix.

6. Participation is excluded for employees of Netflix, and its parent companies, distributors, affiliates, subsidiaries, advertising and promotion fulfillment and/or judging agencies, contractors, retailers, persons and/or entitles (“Netflix and its agents”), and the families and immediate family and/or household members (including, but not limited to mothers, fathers, sisters, brothers, step-brothers, step-sisters, and in-laws) of Netflix and its agents.

7. Each daily prize consists of DVD.com gift card, valued at $30.   Additional prizes include 5 Blu-ray players valued at $100, 3 Logitech Harmony Elite remotes valued at $349 and 1 television valued at $600.  All taxes, costs and expenses associated with the receipt and use of a prize not specified herein are the sole responsibility of the winners. Prize awards are subject to verification of eligibility and compliance with these Official Rules.

8. Netflix reserves the right to substitute the prizes (in whole or in part) with substitute prizes of comparable or greater value if for any reason the prizes as contemplated in these terms and conditions can not be awarded.

9. The contest will begin at [3:00am in EST] on [November 15, 2016] and end at [3:00pm in EST] on [December 24, 2016] (the “Contest Period”). Entries received prior to or after the Contest Period will not be taken into consideration.  

10.    All eligible Entries received during the Contest Period will be judged based on the following criteria: (i) originality; (ii) creativity; and (iii) ability of entry to portray the Netflix spirit and (iv) timeliness. The entries with the highest scores will be deemed the potential winners. Netflix reserves the right not to award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.

11. Within five (5) days of the closing date, the potential winners will be notified via Instagram or Twitter direct message on the social media site on which the entry was uploaded and provided with instructions on how to contact Netflix. We may require the winners to execute an Affidavit of Eligibility and a Liability and Publicity Release, which must be returned within seven (7) days of date appearing on prize notification. Should a winner fail to respond within seven (7) days of the date of notification, Netflix reserves the right to select a replacement winner.

12. Netflix’s decision is final and no correspondence will be entered into except with selected entrants.

13. Netflix reserves the right to cancel or postpone this contest without liability upon the occurrence of events or circumstances beyond its control.

14. No cash or credit alternatives will be offered, and the prize is not transferable.

15. Netflix reserves the right to disqualify from this promotion, and any future contest or other promotion conducted by Netflix, and to take such other action as may be appropriate, any participant or winner who, in Netflix’s reasonable view, has or may have tampered or interfered with the entry process, violated these terms and conditions and/or not obtained the required parental consent.

16. Any personal data submitted in connection with this contest will be retained by Netflix in order to conduct this contest and we may share or re-post participating entries on social media. All such personal data will be processed by Netflix solely in accordance with its privacy policy, which can be found at www.netflix.com/privacypolicy and will be deemed accepted by participants when submitting their Entry.  

17. In submitting an Entry, you:
(i) warrant that you hold any and all rights in the Entry or, where applicable, obtained third party consent for the use of the Entry and are entitled to submit the Entry in order to participate in the promotion;
(ii) indemnify Netflix against any and all claims from third parties that the Entry infringes any third party rights;
(iii) represent that the Entry is in compliance with all applicable laws and regulations and in particular not be obscene, defamatory, discriminatory, threatening, pornographic, libelous, harassing, hateful, racially or ethnically offensive or capable of encouraging of conduct that would be considered a criminal offense;
(iv) agree to grant Netflix a worldwide, non-exclusive, sub-licensable, royalty-free irrevocable license (“License”) in respect of all copyright and other intellectual property rights in and to your Entry to modify, adapt, publish, copy, display, communicate to the public, or otherwise deal with such Entry as Netflix sees fit;
(v) agree to assign all such copyright or other intellectual property rights in your Entry to Netflix if so required by Netflix in the event of winning a prize;
(vi) agree to waive any and all of your portrait rights (if any and to the extent allowed under the applicable law) and have asked any third parties of whom portraits have been used (if any) for their consent to use their portraits/pictures in the Entry;
(vii) agree to release, indemnify, discharge and hold harmless Netflix, Twitter, Instagram and their parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from your participation in the contest or any contest-related activity, the acceptance, possession, use or misuse of any prize and/or Netflix’s use of the rights granted herein.  
(viii) The Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries, email or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer/tablet, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the contest, the processing or selection of Entries or in any contest-related materials.
(ix) agree to Netflix and its designee’s use of your name, Entry, voice, biographical information, image and/or likeness for advertising, publicity, promotional, fulfillment of the contest and other purposes, in any and all media now or hereafter known, worldwide in perpetuity, without compensation (unless prohibited by applicable law) or additional consents from you.  If any additional consents or approvals are requested, you agree to execute such consent upon request by Netflix; and
(x) agree to execute all such assignments or other documents and take such any actions as may be reasonably required or requested by Netflix to give effect to the licenses and assignments contained in this paragraph.

18. This promotion and these terms and conditions are governed by California law.

19. The promoter is Netflix DVD, a Delaware Corporation with principal place of business at 48119 Warm Springs Boulevard, Fremont, CA 94539.

20. REQUEST FOR WINNERS LIST: For the winners list (available after December 27, 2016), send an email to besocial@dvd.com.

21. These terms and conditions and further information on the promotion can be obtained by visiting [dvd.com/holiday].