NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
TheWB.com’s Comic-Con Bags & Smallville Magazine Giveaway (the “Giveaway”) is open to individuals who are at least 13 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 (the “Sponsor” unless otherwise indicated) and Warner Bros. Worldwide Television Group is the administrator of the Giveaway (“Administrator”). Employees, directors and officers of TheWB.com, Sponsor, Administrator, Time Warner, Inc., Warner Bros. Entertainment, Inc., their respective parent companies, subsidiaries or affiliates as well as 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. The use of certain companies’ names, products or services in these rules or in connection with the Giveaway, including as prizes, does not imply participation in, approval of, or endorsement of this Giveaway by such companies.
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.
How to Enter: First, you must be a subscriber of TheWB.com’s tweets, which are sent from TheWB.com’s Twitter account located on the Twitter web site under the name “TheWBdotcom”. If you are not a subscriber, you may become one by visiting the Twitter Web Site and following the directions provided to subscribe. TheWB.com’s feed is found at www.twitter.com/TheWBdotcom. Subscription is free and you may unsubscribe on Twitter at anytime. The Giveaway Period runs from 2:00 p.m. on Monday, July 13 through 6:00 p.m. on Wednesday, July 22. During the Giveaway Period, TheWB.com will tweet twenty-five (25) trivia questions to its followers on Twitter. During the Giveaway Period, there are twenty-five (25) chances to win but only one way to participate: If you know the answer to a trivia question, send it by tweet to “@TheWBdotcom” with the hashtag “#sdcc”. Standard text messaging rates apply for any text messages sent and received. Please check your carrier for pricing plan details and text messaging capabilities. Limit one (1) entry per twitter account per question, regardless of device used to enter (computer, wireless device). 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. The Sponsor’s Twitter feed will serve as the official time piece for the Giveaway.
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.
Sponsor will not deem proof of submission of an entry as proof of receipt of an entry.
WINNER SELECTION / ODDS:
The first received tweet containing the correct answer per question during the Giveaway Period will be a winning tweet. The account holders associated with each winning tweet will be eligible for a prize and notified within seventy-two (72) hours of the end of the Giveaway Period (the “Prizewinner”). The Sponsor’s Twitter feed will serve as the official record for establishing the order of the tweets received.
There will be a maximum of twenty-five (25) Prizewinners selected for this Giveaway.
If the Prizewinner otherwise meets the Giveaway’s eligibility criteria, the Prizewinner is eligible to win a prize (subject to Sponsor’s verification process). If a Prizewinner is found ineligible or fails to comply with these Official Rules, that individual’s claim to a prize is forfeited in which case the tweet next in chronological order with the correct answer to the question answered by the forfeited Prizewinner will become the Prizewinner for that question and will be subject to the rules applicable to Prizewinners herein. Odds of winning depend on, among other things, the total number of eligible entries received.
All prizes legitimately claimed will be awarded.
In the event of a dispute regarding the identity of an entrant, the entry will be deemed submitted by the authorized account holder of the Twitter account used to subscribe to TheWB.com’s tweets. An “authorized account holder” is defined as the natural person associated with the twitter account.
Total approximate retail value (“ARV”) of all prizes in this Giveaway is less than $5,000.
One prize will be awarded per winner. The prize will consist of one or more of the following:
ITEM ARV OF EACH
* 1 WB’s Comic-Con 2007 or 2008 Bag ($20)
* 1 or more Issues of Smallville Magazine ($10)
A total of no more than twenty-five (25) tweets will be selected as winning tweets during the course of the Giveaway Period. The number of items to be awarded in any given Prize will be determined by Sponsor. Limit one (1) entry per twitter account per question.[
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, in which case the tweet next in chronological order with the correct answer to the question answered by the disqualified Prizewinner will become the Prizewinner for that question and will be subject to the rules applicable to Prizewinners herein.
PRIZE WINNERS NOTIFICATION PROCESS:
Within seventy-two (72) hours of the conclusion of the Giveaway Period, TheWB.com will contact each winner by tweet with instructions for how to submit the contact information necessary to collect the Prize. If a prizewinner does not accept the Prize via reply e-mail within forty-eight (48) hours following the date and time the notification is sent, then that winner will be disqualified in which case the tweet next in chronological order with the correct answer to the question answered by the disqualified Prizewinner will become the Prizewinner for that question and will be subject to the rules applicable to Prizewinners herein.
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.
If a prizewinner is under the age of majority in their State of residence, the prize will be awarded in the name of that winner’s parent or legal guardian.
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 within four to six weeks of notice to the prizewinner.
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 certain 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) 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:
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, 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 VIOLATES CRIMINAL OR CIVIL LAWS.
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 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 (through August 30), email firstname.lastname@example.org designating in the subject line, “Winners List Rules” or “Winners’ List” (indicate which). Vermont residents may omit return postage for rules requests. To view complete Official Rules online, visit: http://thewb.com/blog/blog/thewbcom’s-comic-con-bags-amp-smallville-magazine-giveaway-official-rules
Sponsor: TheWB.com, 4000 Warner Blvd., Burbank, California 91505.
© 2009 TheWB.com. All rights reserved.
Page 2 of 7