FEARnet's The Conjuring Sweepstakes Rules
FEARnet’s The Conjuring Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. ELIGIBILITY AND SPONSOR: FEARnet’s The Conjuring Sweepstakes (the “Sweepstakes”), is open only to individuals who are, as of the start of the Sweepstakes, age 18 or older and legal residents of the 50 United States and the District of Columbia. This Sweepstakes is void in Alaska, Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law. Sweepstakes is sponsored by Horror Entertainment, LLC (“Sponsor”) 1601 Cloverfield Blvd. South Tower, Suite 200 Santa Monica, CA 90404. Employees of Sponsor, Sponsor’s advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Sweepstakes, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, “Sweepstakes Entities”), and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Sweepstakes.
2. HOW TO ENTER THE SWEEPSTAKES: The Sweepstakes begins at 9:00 a.m. Pacific Time (PT) on July 15, 2013 and ends at 5:00 p.m. PT on July 22, 2013 (the “Sweepstakes Period”). You may enter the Sweepstakes via the Internet by logging on to the website at www.fearnet.com/TheConjuring and entering all required information (including your complete name and email address). ONLY ONE ENTRY PER PERSON PER EMAIL ADDRESS PER CALENDAR DAY (PT) IN THE SWEEPSTAKES PERIOD WILL BE ACCEPTED. Entries must be received during the Sweepstakes Period, according to Sponsor’s internal clock. Each entrant must be the rightful owner (or have authorized use) of the e-mail address identified in the entrant’s entry as of the start of the Sweepstakes. Incomplete, false, deceptive, unreadable, or unintelligible entries, including garbled entries will be disqualified. Sponsor will not verify receipt of entries. All entries submitted become the sole property of Sponsor and will not be acknowledged or returned.
3. PRIZE: There will be one (1) prize. The prize consists of the following items: an Annabelle Doll; a Field & Co. 20” Cotton Canvas Duffel; a Next Level Ladies’ Tri-Blend Venetian Gray Dolman t-shirt; a Next Level Men’s “Miss Me?” CVC t-shirt; 2.75” x 2.75” x 2.75” Adhesive Note Cube; a heat activated mug; a flashlight; and a lenticular mirror. The approximate retail value (ARV) of the prize is $213. Sponsor will not replace any lost or stolen vouchers, certificates, prizes or prize components once they are in the Sweepstakes Prize winner's possession. No transfer or cash or other substitution of any prize allowed except that Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize or prize component of comparable or greater value. No partial prizes will be provided. LIMIT ONE SWEEPSTAKES PRIZE PER PERSON DURING THE SWEEPSTAKES PERIOD.
4. SWEEPSTAKES DRAWING AND NOTIFICATION: One (1) selected entrant for the Sweepstakes (the “Selected Entrant”) will be selected from all eligible Sweepstakes entries received during the Sweepstakes Period in a random drawing following the Sweepstakes Period. Sponsor’s decisions are final and binding in all respects. The Selected Entrant will be notified by phone, email and/or mail (as determined in the Sponsor’s sole discretion) within approximately two (2) days of selection. Odds of winning a prize depend on the number of eligible entries received. Failure by the Selected Entrant to respond to such notification within forty eight hours may result in disqualification of the Selected Entrant, and an alternate will be selected by means of another random drawing. In the event of a dispute about the identity of any Sweepstakes entrant, each entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet Service Provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address. In this regard, the potential Sweepstakes Prize recipient may be required to provide proof that s/he is the authorized account holder of the e-mail address associated with the Sweepstakes entry selected in order to receive the Sweepstakes Prize.
5. PRIZE CONDITIONS: By participating in the Sweepstakes, the Selected Entrant agrees to sign any further documentation requested by Sponsor consistent with these Official Rules, including an Affidavit of Eligibility, a Liability Release and a Publicity Release. If the Selected Entrant fails to sign and return such documents, refuses to participate in a background check or such background check reveals a history that is not acceptable to Sponsor in its sole discretion, is found to be ineligible (for any reason), or if such Selected Entrant does not comply with the Official Rules, then s/he will be disqualified and an alternate Selected Entrant will be selected pursuant to terms outlined in the Sweepstakes drawing and notification section of these rules. Each Sweepstakes entrant hereby irrevocably and perpetually waives the right to assert as a cost of receiving any prize any and all costs of verification and redemption to redeem such prize and any liability which might arise from redeeming or seeking to redeem such prize. All applicable federal, state, local or other tax liabilities (including income taxes) arising from this Sweepstakes will be the sole responsibility of the actual Sweepstakes Prize recipient. Except where prohibited by applicable law, regulation, rule or order, the actual Selected Entrant’s entry and acceptance of any prize constitutes permission to Sponsor to use such person’s name, photograph, likeness (including non-photographic and simulated), statements, biographical information, voice, and city and state address for any and all promotional or advertising purposes in connection with this Sweepstakes and/or the Sponsor’s business operations and product/service offerings, on a worldwide basis and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation of any amount or kind whatsoever. Eligibility, age, and any and all other claims shall be subject to verification prior to the actual awarding of a Sweepstakes Prize. Each Selected Entrant is solely responsible for admission to Comic-Con and transportation to the event for said Selected Entrant and his/her guest.
6. SWEEPSTAKES CONDITIONS: VOID WHERE PROHIBITED. This Sweepstakes is subject to all applicable federal, state and local laws of the United States. By participating, each Sweepstakes entrant hereby irrevocably and perpetually (a) agrees to be fully and unconditionally bound by these Official Rules and the decisions of the Sponsor and (b) waives any right to claim ambiguity in the Sweepstakes or these Official Rules. Each Sweepstakes entrant hereby irrevocably and perpetually agrees to release, discharge, indemnify and hold harmless the Sweepstakes Entities and each of their respective officers, directors, employees, shareholders, attorneys, representatives and agents from and against any and all claims, judgments, damages, losses, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability 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 (i) redemption, acceptance, possession, ownership, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes, or (ii) printing, distribution, production or mailing/e-mailing/communication/transmission errors. Sponsor or its affiliates may rescind any promotion found to contain such errors, without liability, at its sole discretion. NEITHER SPONSOR NOR ITS REPRESENTATIVES MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (UNLESS SPONSOR ELECTS TO PROVIDE ANY PRIZE RECIPIENT WITH ANY EXPRESS WRITTEN WARRANTIES). FURTHER, NEITHER SPONSOR NOR THE SWEEPSTAKES ENTITIES ACCEPT ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY. BY ENTERING THE SWEEPSTAKES, ENTRANTS RELEASE AND HOLD HARMLESS WARNER BROS. ENTERTAINMENT INC. AND EACH OF ITS RESPECTIVE PARENTS, DIVISIONS, AFILIATES, SUBSIDIARIES, AGENTS AND ADVERTISING AGENCIES (COLLECTIVELY, “WBEI”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
7. RESTRICTIONS: Sponsor shall not be liable to the Selected Entrant for failure to supply any Sweepstakes Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond Sponsor’s sole and reasonable control.
8. LIMITATIONS OF LIABILITY: Sponsor is not responsible for: (a) lost, late, misdirected, undeliverable, incomplete or indecipherable entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries; (b) technical failures of any kinds; (c) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (e) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any entrant’s participation in the Sweepstakes or receipt or use of any prize. If for any reason an entrant’s Sweepstakes entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, and provided that such error is discovered and confirmed by Sponsor prior to the expiration of the Sweepstakes Period, then such entrant’s sole remedy shall be another entry in the Sweepstakes; it specifically being agreed and understood that in the event such error is not discovered and confirmed until after the expiration of the Sweepstakes Period, then such entrant shall have no cause(s) of action whatsoever against Sponsor, and Sponsor shall not have any liability to such entrant for or in connection with any error. Sponsor may prohibit an entrant from participating in the Sweepstakes or receiving any prize if, in Sponsor’s sole discretion, Sponsor determines that such entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unsafe or unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other similar or dissimilar causes beyond the sole and reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper, safe and fair conduct of the Sweepstakes, then Sponsor reserves the right, exercisable at any time in Sponsor’s sole discretion, to cancel, terminate, modify or suspend all or any part of the Sweepstakes and to select the Selected Entrant by means of a random drawing from among all eligible Sweepstakes entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable. CAUTION: ANY ATTEMPT BY ANY ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE UNRESTRICTED RIGHT, EXERCISABLE AT ANY TIME IN SPONSOR’S SOLE DISCRETION, AND WITHOUT WAIVER OF OR LIMITATION ON ANY OF SPONSOR’S OTHER AVAILABLE LEGAL AND/OR EQUITABLE RIGHTS AND REMEDIES, TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM AND AGAINST ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW. IN NO EVENT WILL THE WBEI BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE SWEEPSTAKES SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES SITE, THE REMOVAL FROM THE SWEEPSTAKES SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. ARBITRATION: BY ENTERING INTO THE SWEEPSTAKES, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES (INCLUDING WITHOUT LIMITATION ITS PRIZING) OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, SHALL BE SUBMITTED TO JAMS (“JAMS”) FOR FINAL AND BINDING ARBITRATION UNDER ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES IF THE MATTER IN DISPUTE IS OVER US$250,000 OR UNDER ITS STREAMLINED ARBITRATION RULES AND PROCEDURES IF THE MATTER IN DISPUTE IS US$250,000 OR LESS, TO BE HELD IN LOS ANGELES, CALIFORNIA, BEFORE A SINGLE ARBITRATOR. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS. IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
11. GOVERNING LAW: Each entrant acknowledges that the internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these Official Rules.
12. NO INJUNCTIVE RELIEF: EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE PROMOTION, THE FEARNET WEB SITE OR TELEVISION CHANNEL, OR ANY OTHER PROJECT OF SPONSOR OR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES.
13. RULES/ ONLINE PAGE LISTING PRIZE RECIPIENT(S): For a copy of the Official Rules, log onto www.fearnet.com/TheConjuring or for a list of the name and city/state address of the actual prize recipient, log onto http://www.fearnet.com/winners. Winners list becomes available one week after completion of Sweepstakes.
14. SPONSOR: Horror Entertainment, LLC, 1601 Cloverfield Blvd. South Tower, Suite 200 Santa Monica, CA 90404.
© 2013 Horror Entertainment, LLC. All Rights Reserved.