The Elf on the Shelf: Sweet Showdown Giveaway 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., and 21 years or older at Promotion Start Date.

THE ELF ON THE SHELF®: SWEET SHOWDOWN GIVEAWAY

OFFICIAL RULES – NO PURCHASE NECESSARY TO 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 AT PROMOTION START DATE. VOID WHERE PROHIBITED.

1. How to Enter: The Elf on the Shelf: Sweet Showdown Giveaway (the “Promotion”) begins at 8:00 p.m. Eastern Time (“ET”) on November 19, 2023 until 10:00 p.m. ET on December 17, 2023 (the “Promotion Period”). The Promotion Period consists of five (5) individual drawings with separate Entry Periods (each an “Entry Period” and collectively the “Entry Periods”). All Entries must be received by the end time and date (detailed below) of each respective Entry Period to be eligible for the corresponding drawing. During the Promotion Period, eligible entrants may participate through Instagram®, Facebook®, and X™ (each, a “Social Media Platform”) and may enter the Promotion by following each of the below instructions:

1. Sign into your Instagram®, Facebook®, or X™ account (each, a “Social Media Account”) or, if you are not already a member, become a member of any or each of the Social Media Platforms and sign in. Creating a Social Media Account is free. By submitting your information and creating a Social Media Account, you will be required to agree to the terms of service and privacy policy applicable to that Social Media Platform.

1. Make a post to your Social Media Account including: (i) a photograph showing how you are watching The Elf on the Shelf: Sweet Showdown Series on Food Network®; and (ii) the hashtags “#ElfOnTheShelf” and “#ElfOnTheShelfGiveaway” within the post (each, an “Entry”).

Entry Period

Start Time/Date

End Time/Date

Drawing Date

Drawing #1

8:00 p.m. ET on 11/19/23

11:59 p.m. ET on 11/19/23

11/20/23

Drawing #2

12:00 a.m. ET on 11/20/23

11:59 p.m. ET on 11/26/23

11/27/23

Drawing #3

12:00 a.m. ET on 11/27/23

11:59 p.m. ET on 12/3/23

12/4/23

Drawing #4

12:00 a.m. ET on 12/4/23

11:59 p.m. ET on 12/10/23

12/11/23

Drawing #5

12:00 a.m. ET on 12/11/23

10:00 p.m. ET on 12/17/23

12/18/23

Entrants who follow the above instructions will have the chance to be randomly selected from all eligible posts and, if selected, will be a prospective Prize Winner. Incorrect or incomplete Entries are void and will not be eligible. These Official Rules are also available at the Food Network® website (https://www.foodnetwork.com/fn-dish/shows/the-elf-on-the-shelf-sweet-showdown-giveaway-official-rules) (the “Website”).

Entries must be consistent with the image and values of Sponsor and must not include: (a) any third parties, including but not limited to minors, celebrities, and friends, who have not expressly authorized entrant to display their image or likeness; (b) any content that violates any third-party rights, including, but not limited to, copyrights or trademark rights or rights of publicity or privacy; (c) defamatory language or threatening language; (d) language or content that is sexually explicit, obscene, or indecent; (e) language or content that promotes the consumption or abuse of alcohol, tobacco, or drugs; (f) any other language or content that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (g) contain material that is threatening to any person, place, or business group; or (h) contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion sexual orientation or socioeconomic group or that Sponsor determines is inappropriate in Sponsor’s sole discretion and/or does not otherwise meet the Promotion requirements. Sponsor reserves the right to reject any Entries that it deems, in its sole discretion, to be unlawful or to violate any of the policies of Sponsor’s customary standards and practices.

Limit of one (1) Entry per eligible person, per Social Media Platform, per day during the Promotion Period, for a maximum of three (3) Entries per eligible person, per day. For purposes of this Promotion, a “day” begins at 12:00 a.m. ET and ends at 11:59 p.m. ET (unless specified otherwise). If multiple Entries are received on the same Social Media Platform on the same day, only the first Entry per Social Media Platform will be accepted and additional Entries will be disqualified. Multiple entrants are not permitted to share the same email address or Social Media Account. Any attempt by you to obtain more than one (1) Entry per Social Media Platform, per day by using multiple/different email addresses, identities, handles, registrations or logins, or any other methods may void your Entries 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 associated with the Social Media Account used to enter will be deemed to be the entrant and such individual must comply with these Official Rules. 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. Prospective Prize Winners may be required to show proof of being the Authorized Account Holders.

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, hashtag, and/or photo. Posts not received by Sponsor will not be entered into the Promotion.

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1. 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. Void where prohibited. Employees and members of their households, whether or not related, 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 are not eligible.

1. Privacy: In connection with the Promotion entry process, Sponsor and/or Promotion Entities may be collecting personal data about entrants in accordance with their privacy policies. Please review Sponsor’s privacy policy located at: https://corporate.discovery.com/privacy-policy/ and The Lumistella Company’s privacy policy located at https://lumistella.com/en/terms-and-conditions/#privacy. By participating in the Promotion, you hereby agree to Sponsor’s and/or Promotion Entities’ collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s and Promotion Entities’ privacy policies. 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 and/or Promotion Entities. 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.

1. Publicity Grant: Except where prohibited, participation in the Promotion constitutes your consent to Promotion Entities’ use of your name, photograph, likeness, statements, biographical information, voice, Entry, and state of residence for promotional purposes in any and all media, now or hereafter devised, worldwide in perpetuity, without further payment or consideration, notification or permission.

1. Limitations of Liability: Discovery Communications, LLC (“Sponsor”), CCA and B, LLC d/b/a The Lumistella Company, Instagram, LLC, Meta Platforms, Inc., X Corp., and other participating entities (collectively with Sponsor, the “Promotion Entities”) their respective affiliates, subsidiaries, parent companies, advertising and promotion agencies, prize suppliers and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) (collectively, “Released Parties”) 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 person’s computer relating to or resulting from participation in this Promotion; inability to access the Website or Social Media Platforms; 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, mutilated, illegible, postage due, or any combination thereof. Online submission is not considered proof of delivery or receipt. Upon submission, all Entries become the property of Sponsor and will not be returned. Sponsor reserves the right to conduct a background check on any prospective Prize Winner and reserves the right, in its sole discretion, to disqualify any person based on such background check if Sponsor determines, in its sole discretion, that awarding the prize to such prospective Prize Winner might reflect negatively on Sponsor or any of the Promotion Entities. Failure by prospective Prize Winner to agree to a background check may also result in disqualification. By entering, you agree to release, discharge, indemnify and hold harmless the Released Parties 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. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. 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. This promotion is in no way sponsored, endorsed or administered by, or associated with, Meta Platforms, Inc., Instagram, Inc., or X Corp. 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 THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” 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.

1. How Winners will be Determined: One (1) Prize Winner (each, a “Prize Winner” and collectively, the “Prize Winners”) will be selected in a random drawing from among all eligible Entries submitted during each of the five (5) Entry Periods, as provided in Section 1 of these Official Rules, on or about the date specified in the table above. Non-winning Entries will be carried over into subsequent Entry Periods, if any. Prospective Prize Winners will be contacted by direct message through the Social Media Platform used to enter within three (3) business days of the drawing date. Sponsor’s decisions with respect to the Prize Winners, these Official Rules, and all other matters pertaining to the Promotion shall be final and binding.

A prospective Prize Winner will 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 prospective Prize Winner within three (3) days from first notification attempt, if a prospective Prize Winner fails to complete and return all requested forms by the specified date, if a prospective Prize Winner does not pass Sponsor’s background check (in its sole discretion), or if a prospective Prize Winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective Prize Winner shall be selected. The odds of winning depend upon the number of eligible Entries received.

1. 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 viruses, 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 or as otherwise deemed fair and appropriate by Sponsor. 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 prospective Prize Winner based on an email address, the winning Entry will be declared made by the Authorized Account Holder of the email address associated with the Social Media Account at time of Entry. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITE OR SOCIAL MEDIA PLATFORMS 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 ATTORNEYS’ FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

1. Prizes: Each Prize Winner will receive the following (the “Prize”): One (1) The Elf on the Shelf Tradition Box Set ($32.95); and one (1) Five Hundred Dollar ($500.00) Digital Visa Gift Card. Approximate Retail Value (“ARV”) of each Prize: $532.95. ARV of all Prizes in this Promotion: $2,664.75.

The specifics of all aforementioned elements of the Prize in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the Prize not specifically addressed above are the sole responsibility of the respective Prize Winner. All federal, state and local taxes on prizes are the respective Prize Winner’s responsibility. Prize Winners will each be issued a 1099 tax form for the actual value of the Prize.

Prize cannot be transferred or substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize with a prize of equal or greater value.

1. 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 New York without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of New York. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in New York County, New York, 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 New York. 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.

1. Severability: If any provision of these Official Rules shall be held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the Sponsor’s fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.

1. Winners List: Beginning on or about January 17, 2024, you may obtain the names of the Prize Winners by going to the Website.

1. Sponsor: Discovery Communications, LLC, 230 Park Avenue South, New York, New York 10003.

1. Trademark Attribution: The Food Network®, Instagram®, Facebook®, Visa®, The Elf on the Shelf®, Lumistella®, and X™trademarks are the trademarks of their respective owners.

The Promotion and all accompanying materials are © 2023 Discovery Communications, LLC.