TheWB.com’s “30 Days of Giveaways”
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
TheWB.com’s “30 Days of Giveaways” (the “Giveaway”) is open to individuals who are at least 18 years of age or older on the date of entry, who are legal residents of any one (1) of the fifty (50) United States or the District of Columbia (collectively the “U.S.”), and who reside and are physically domiciled in the U.S. Residents of Guam, Puerto Rico and all other U.S. territories and possessions as well as employees of foreign-based U.S. military bases and embassies are not eligible to enter this Giveaway. TheWB.com is the sponsor of the Giveaway (collectively, the “Sponsor” unless otherwise indicated) and Warner Bros. Worldwide Television Group is the administrator of the Giveaway (“Administrator”). Employees of TheWB.com, Sponsor, Administrator, Time Warner, Inc., Warner Bros. Entertainment, Inc., their respective parent companies, subsidiaries or advertising and Giveaway agencies associated with the Giveaway or prize suppliers for the Giveaway, or their respective employees, directors and officers (“Giveaway Parties”) and the immediate family members of each (regardless of where those immediate family members live) and those living in the same household of each (whether related or not) are not eligible to enter this Giveaway. For the purposes of the Giveaway, immediate family members are defined as mother, father, in-laws, grandmother, grandfather, brother, sister, spouse, legally recognized domestic partner, children and grandchildren.
All applicable federal, state and local laws and regulations apply. Void where prohibited.
By entering this Giveaway, participants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
When and How to Play: The Giveaway runs from 2:00 p.m. Thursday, February 4 through 9:00 p.m. Friday, March 5. During the Giveaway, there will be six (6) discrete Giveaway Periods. During each Giveaway Period, the Sponsor will post a question or prompt (“Prompt”) on the Blog of TheWB.com at www.TheWB.com/blog. The Prompts will ask you to post your opinion on various show-related topics in the “Comment” section of TheWB.com’s Blog. To enter the Giveaway, submit a timely response to the Prompt in the blog’s “Comment” section. There will be one Prompt posted per Giveaway Period. The number of winners per Prompt will vary and will be indicated in the text of each Prompt. The Prompt will indicate the deadline for a response. The Sponsor’s Blog will serve as the official timepiece for the Giveaway. All the Comments received in response to each Prompt will be entered to win a prize for that Giveaway Period. Within ten (10) days of each Giveaway Period, the Administrator will select one or more winners at random from the timely submissions. Each entrant may submit one Comment per Giveaway Period but may not receive more than one prize throughout the Giveaway. Entries received in excess of the stated daily limitation (regardless of device used) will be void. TheWB.com reserves the right to accept entries with slight variations from the information solicited. All entries must be received by the specified deadline to be eligible for the Prize.
Entries generated by script, macro or other automated means and entries by any means which subvert the entry process will be void. All entries submitted become the sole property of Sponsor and will not be acknowledged or returned.
WINNER SELECTION / ODDS:
From all eligible entries received during each Giveaway Period, the Administrator will select one or more entry at random not later than ten (10) days from the end of each Giveaway Period. The number of winners per Prompt will vary and will be indicated in the text of each Prompt.
If a participant’s entry is randomly drawn and it meets the requirements in these Official Rules, he/she could be eligible to win a prize (subject to the Sponsor’s and/or Administrator’s verification process). If a potential winner is found ineligible or fails to comply with these Official Rules, that individual’s claim to a prize is forfeited and an alternate randomly drawn eligible participant from the same Giveaway Period will be contacted by telephone/e-mail.
Odds of winning a prize are determined by total number of eligible entries received during the Promotion Period.
All prizes legitimately claimed will be awarded.
Total approximate retail value (“ARV”) of all prizes in this Giveaway is less than $5000.00. One or more Prizes will be awarded per Giveaway Period, depending on the Prompt. No winner will win more than one Prize in any Giveaway Period or throughout the Giveaway.
A maximum of Twelve (12) prizes will be awarded. Each prize consists of one of the following:
ITEM (Quantity) ARV PER ITEM
Comic-Con Bags (2) ($40)
One Tree Hill Backpack (1) ($30)
Smallville Penant (1) ($25)
Rockville, CA Sweatshirts (3) ($30)
Chuck Season One Blu-Rays (5) ($25)
No credit or cash will be given for any unused portion of the prize.
Refusal or return of any prize as undeliverable will also result in disqualification and an alternate entry from the Giveaway Period of the disqualified prizewinner will be randomly drawn.
PRIZE WINNERS NOTIFICATION PROCESS:
If a prizewinner does not accept the Prize via reply e-mail within forty-eight (48) hours of notification of winning, then that winner will be disqualified and an alternate entry from the Giveaway Period of the disqualified prizewinner will be randomly drawn. If, after two alternate winners have been contacted but fail to respond or become ineligible for any reason hereunder, Sponsor reserves the right not to give out the prize.
At its sole discretion, the Sponsor may require the winner to execute an Affidavit of Eligibility, Liability Release and Publicity Release (collectively, “Affidavit/Release”). If required, Affidavit/Release will be sent along with notification of winning and must be returned to the Sponsor within forty-eight (48) hours. A disqualification will result if the Affidavit/Release is not returned to the Sponsor within the specified time.
Refusal or return of any prize notification, Affidavit/Release or prize as undeliverable will result in disqualification.
ADDITIONAL PRIZE INFORMATION:
There is no substitution for any Prize or any portion thereof, except due to unavailability, in which case a prize of equal or greater value may be awarded at the sole discretion of the Sponsor. Prizes are not transferable, assignable or redeemable for cash. All prize details are at Sponsor’s sole discretion.
Each prize will be shipped to the respective prizewinner not more than six weeks from notification to the prizewinner of winning.
Prizewinners are solely responsible for the reporting and payment of any and all federal, state and local taxes as well as any other costs and expenses associated with acceptance and use of any prize awarded in the Giveaway. Prizewinners may be issued an IRS form 1099 based on the ARV of each prize awarded.
likeness, statements, biographical information, address (including city and state of residence) and any other information contained in his/her entry on a worldwide basis, and in all forms of media now known or hereafter devised or discovered (including, without limitation, on the Sponsors’ web sites), in perpetuity, without further compensation, notice, review or approval.
ALL PRIZES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” GIVEAWAY PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF ANY PRIZE, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL WARRANTIES FOR A PRIZE, OR ANY PORTION THEREOF, ARE CONTAINED IN THE MANUFACTURERS’ OR SERVICE PROVIDERS’ WARRANTIES, AS RELEVANT.
All trademarks are the property of their respective owners. The use of unaffiliated companies’ products and services as prizes does not imply participation in, approval of, or endorsement of this Giveaway by such companies.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION:
BY ENTERING, PARTICIPANTS (OR, IF PARTICIPANT IS UNDER THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THEN PARTICIPANT’S PARENT OR LEGAL GUARDIAN) RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ALL GIVEAWAY PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE ECONOMIC AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO, IF ANY) OR PARTICIPATION IN THE GIVEAWAY OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE GIVEAWAY PARTIES.
DISCLAIMERS / LIMITATIONS ON LIABILITY:
TO THE EXTENT PERMISSIBLE BY LAW, BY ENTERING, EACH PARTICIPANT (OF, IF PARTICIPANT IS UNDER THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THEN PARTICIPANT’S PARENT OR LEGAL GUARDIAN) AGREES THAT THE GIVEAWAY PARTIES ASSUME NO LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION OR AWARDING OF ANY PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY GIVEAWAY-RELATED ACTIVITY, IF ANY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS OR ACCIDENT TO PERSON OR PROPERTY DUE TO AN INTENTIONAL ACT, AN ACT OF NEGLIGENCE OR DEFAULT AND/OR ANY ACT OF GOD.
The Giveaway Parties are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, postage-due or stolen mail or entries, or entries otherwise not in compliance with these Official Rules. In addition, Giveaway Parties are not responsible for any typographical errors in these Official Rules, Giveaway content or any advertising materials for the Giveaway, or for any kind of computer, electronic, hardware, software, Internet, network, technical or telephone failures and/or problems caused by the Sponsor and/or the Giveaway Parties or the user, or by any of the equipment or programming associated with or utilized in the Giveaway, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Giveaway, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the Giveaway becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Giveaway Parties, the user or by any of the equipment or programming associated with or utilized in the Giveaway, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Giveaway or any Giveaway offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select prizewinners from all entries received for the Giveaway prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion, fire, casualties, equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the Sponsor’s control.
GENERAL CONDITIONS OF ENTRY:
All participants, as a condition of entry, agree that they have not purchased any kind of Internet service whatsoever in order to participate in and/or enter the Giveaway. Participants agree not to knowingly damage or cause interruption of the Giveaway and/or prevent others from utilizing the Giveaway. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE OR CELLULAR SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY OR CAMPAIGN IS A VIOLATION OF LAW.
IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR ADMINISTERING AGENCY MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY PARTICIPANTS MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING REFERRAL FOR CRIMINAL PROSECUTION.
GOVERNING LAW AND VENUE:
The parties agree that the Giveaway and these Official Rules will be governed, construed and interpreted under the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of California. Each participant and their parent/legal guardian agree (i) that any or all lawsuits brought by participants or their parents or legal guardians pursuant to these Official Rules or the Giveaway will be brought in the courts located in Los Angeles, California and (ii) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action. Entrants hereby waive any and all objections to personal jurisdiction. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred including, without limitation, costs associated with entering this Giveaway but in no event attorneys’ fees. Under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
OFFICIAL RULES AND WINNERS LIST:
For a printed copy of the Official Rules prior to the end of the Giveaway or a Winners List as of the end of the Giveaway, email firstname.lastname@example.org designating in the subject line, “Official Rules” or “Winners’ List” (indicate which). To view complete Official Rules online, visit http://thewb.com/blog/blog/thewb-coms-30-days-of-giveaways-official-rules/.
Sponsors: TheWB.com, 4000 Warner Blvd., Burbank, California 91505.
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