Fixer Upper Holiday Sweeps 2016 Official Rules

The following promotion is intended for the 50 United States and D.C. only and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the 50 United States or D.C., 21 years or older.

FIXER UPPER CHRISTMAS SWEATER SWEEPSTAKES

OFFICIAL RULES – NO PURCHASE NECESSARYTO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.  OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., 21 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED.

1.      Entry Periods: The Fixer Upper Christmas Sweater Sweepstakes (the “Promotion”) begins at 9:00 a.m. Eastern Time (“ET”) on November 28, 2016 and ends at 8:59 a.m. ET on December 19, 2016 (the “Promotion Period”).  However, the Promotion Period consists of three (3) separate “Entry Periods” (each an “Entry Period”), which are specifically detailed in the chart below.  All entries must be received during each respective Entry Period (detailed below) to be eligible for the corresponding drawing for that Entry Period, and there is a limit of one (1) entry per eligible person per Entry Period.  Entries from one (1) Entry Period will not carry over to subsequent Entry Periods.  Individuals who enter during an Entry Period will receive an entry for the corresponding drawing based on the chart below and entrants must re-submit their entry if they would like receive entry into a subsequent Entry Period.

Entry Period

Start Date/Time

End Date/Time

Drawing Date

1

9:00 a.m. ET on 11/28/16

8:59 a.m. ET on 12/5/16

12/5/16

2

9:00 a.m. ET on 12/5/16

8:59 a.m. ET on 12/12/16

12/12/16

3

9:00 a.m. ET on 12/12/16

8:59 a.m. ET on 12/19/16

12/19/16

Incorrect and incomplete entries are void. These official rules are also available on the HGTV.com website (http://www.hgtv.com/shows/fixer-upper/articles/fixer-upper-holiday-sweeps-2016-official-rules (the “Website”).

To enter via Instagram, you will need a mobile device (e.g., mobile phone or tablet) that can access the internet and uses either the Apple or Android platform.  Additionally, individuals will need to download the Instagram application from their mobile device’s app store and sign-up for an Instagram account (“Instagram Account”).  Creating an Instagram Account is free.  By submitting your information and creating an Instagram Account, entrants will be required to agree to the Instagram terms of service and privacy policy.  After you have an Instagram Account, to enter the Promotion, during the Promotion Period, submit your entry by logging into your Instagram Account and posting a photo of a room decorated for the holidays, along with the following hashtag: “#FixerUpperSweeps”.

If your Instagram Account is set to “protected mode” or “private”, your updates/responses may not be visible to Sponsor and, therefore, will not be received by Sponsor, resulting in your failure to enter the Promotion.  Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry.  Sponsor, at its sole discretion, may accept a technically incorrect unique term.  Messages not received by Sponsor will not be entered into the Promotion.

There is a limit of one (1) entry per eligible person per Entry Period on Instagram.  If multiple entries during an Entry Period are received, only the first entry will be accepted and additional entries will be disqualified. Multiple participants are not permitted to share the same email address. Any attempt by you to obtain more than one (1) entry per Entry Period by using multiple/different email addresses, Instagram Accounts, identities, registrations or logins, or any other methods may void your entry and you may be disqualified from the Promotion. 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 email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holders.

MOBILE DISCLOSURE: If you opt to use your wireless mobile device in connection with the Promotion, depending on your phone's capabilities, standard text messaging rates or data charges may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Promotion.

2.         Eligibility: This Promotion is open only to legal residents of the 50 United States and D.C. who are 21 years of age or older as of the Promotion start date, except employees and members of their households and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors.

3.         Privacy:  In connection with the Promotion entry process, Sponsor will be collecting personal data about entrants on the Website, in accordance with its privacy policy.  Please review Sponsor’s privacy policy located at: http://www.scrippsnetworksinteractive.com/privacy-policy/.  By participating in the Promotion, you hereby agree to Sponsor’s collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s privacy policy.  When you enter at the Website, you may be asked to consent to receive promotional emails and reminders for upcoming promotions and information about Sponsor. Consenting to receive such emails is optional and does not have to be agreed to in order to be eligible to enter the Promotion and does not improve your chances of winning. Except where prohibited, participation in the Promotion 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:  Scripps Networks, LLC dba Home & Garden Television (“Sponsor”) and other participating sponsors (collectively with Sponsor, the “Promotion 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, omissions, 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 computer relating to or resulting from participation in this Promotion; 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 proof of delivery or receipt. By entering, you agree to release, discharge, indemnify and hold harmless the Promotion 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 Promotion and/or your receipt or use of any prize awarded in this Promotion 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 Promotion-related activity or participation in this Promotion. Except where prohibited by law, the winner's entry and acceptance of the prize constitutes permission for the Promotion Entities to use said winner'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: Two (2) potential Grand Prize Winners (each a “Grand Prize Winner”) will be selected by Sponsor in each of three (3) random drawings from among all eligible entries received during the applicable Entry Period on approximately the following dates: December 5, 2016; December 12, 2016; and December 19, 2016, for a total of six (6) potential Grand Prize Winners.  Each Grand Prize Winner will be contacted by phone or email on or about three (3) days following the drawing in which his/her name was selected. Sponsor’s decisions with respect to the Grand Prize Winners, these Official Rules, and all other matters pertaining to the Promotion shall be final and binding. A Grand Prize Winner must provide Sponsor with Grand Prize Winner’s home address within two (2) days of issuance of prize notification. The Grand Prize Winners may be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of issuance of prize notification. If Sponsor is unable to contact a Grand Prize Winner within three (3) days from first notification attempt, if a Grand Prize Winner fails to complete and return all requested forms by the specified date, or if a Grand Prize Winner fails to comply with any of the requirements, 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. There is a limit of one (1) prize per person.

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 non-electronic tampering with any portion of the Promotion, 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 Promotion, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify, suspend, or terminate the Promotion, or to conduct a random drawing to award the prizes using all eligible, non-suspect entries received as of the termination date. Should the Promotion 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 email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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: The six (6) Grand Prize Winners will each receive one (1) #shiplap Christmas sweater (the “Grand Prize”). Approximate retail value (“ARV”) of each Grand Prize: $60.00. ARV of all Grand Prizes: $360.00.

The specifics of all aforementioned elements of the Grand Prize in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the Grand Prize not specifically addressed above are the sole responsibility of the Grand Prize Winner. All federal, state and local taxes on the Grand Prize are the Grand Prize Winner’s responsibility.

A Grand Prize cannot be transferred, substituted, or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a Grand Prize, or portions thereof, with a prize of equal or greater value.

8.         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 Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Tennessee 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 Tennessee. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Knox County, Tennessee, 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 Promotion, 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 Tennessee. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU 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.

9.         Winner List: Beginning on or about December 22, 2016, you may obtain the complete list of Grand Prize Winners by going to the Website.

10.       Sponsor: Scripps Networks, LLC dba Home & Garden Television, 9721 Sherrill Boulevard, Knoxville, TN 37932.  

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