INFINITE CRISIS DC MULTIVERSE SWEEPSTAKES ("Sweepstakes")
2013 OFFICIAL RULES
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS (AND AN ENTRANT'S PARENT OR LEGAL GUARDIAN ON HIS/HER BEHALF IN THE CASE OF A MINOR ENTRANT) AGREE TO THESE "OFFICIAL RULES", WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. SPONSOR: Warner Bros. Interactive Entertainment, 4000 Warner Blvd., Burbank, CA 91522 ("Sponsor"). "Sponsor and its agents" shall mean Sponsor, its advertising/promotional and/or fulfillment agencies and their respective parent companies, affiliates, subsidiaries and their respective employees, officers, directors and agents. References to third parties in connection with the Prize and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.
2. ELIGIBILITY: This Sweepstakes is open only to individuals who are legal residents and physically located in one (1) of the forty-eight (48) contiguous United States (excluding Alaska and Hawaii) or the District of Columbia, who are thirteen (13) years of age or older and are current or new users in good standing of Facebook.com ("Facebook"). Void in Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions and wherever prohibited by law. Entrants who are not of the legal age of majority in their state of residence ("Minor") must have their parents' or legal guardians' ("Parent") consent to participate in the Sweepstakes and Each Parent agrees to be bound by these Official Rules both individually and on behalf of their Minor entrant. Employees and consultants of Sponsor, Time Warner, Inc., Warner Bros. Entertainment Inc. and each of their respective affiliates, subsidiaries, divisions, and advertising and promotional agencies and their respective officers, directors and agents (collectively, the "Sweepstakes Entities") and the immediate family members and persons living in the same household of each (whether legally related or not) are not eligible to enter the Sweepstakes or win the Prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not.
3. HOW TO ENTER: This Sweepstakes begins at 9:00 a.m. Pacific Time ("PT") on August 16, 2013 and ends at 6:00 p.m. PT on August 23, 2013 (the "Sweepstakes Period"). To enter the Sweepstakes, go to http://cosplay.playinfinitecrisis.com ("Promotion Website") or otherwise follow the call to action provided in advertising for the Sweepstakes. Next, individuals must first either sign-in as a registered user on the Promotion Website or register as a member on the Promotion Website (which is free). In order to sign-in into the Promotion Website, individuals will need a Facebook account ("Account"). If you don't already have an Account, please visit www.facebook.com to create an Account; creating an Account is free. By submitting your information and creating an Account, you will be required to agree to Facebook's Statement of Rights and Responsibilities and Data Use Policy. If you do not agree to Facebook's Statement of Rights and Responsibilities and Data Use Policy, you cannot create an Account or participate in this Sweepstakes. Once you have a Facebook Account, an individual can use his/her Facebook Account log-in information to sign-in and create an account on the Promotion Website. After you sign in during the Sweepstakes Period, you will be prompted to vote for one (1) of the top ten (10) photo submission finalists of the Infinite Crisis DC Multiverse Cosplay Promotion (the "Promotion") (collectively an "Entry" or "Entries"). Upon submission of your vote to the Promotion, you will automatically receive one (1) Entry in the Sweepstakes
As part of your Entry, you may be required to decide whether you would like to receive Sponsor's updates, news and offers (collectively, a "Subscription"). If Entrant decides to subscribe (each a "Subscriber"), he/she may do so by leaving the tick box checked to receive the Subscription. If Entrant should decide not to subscribe, he/she will need to un-check the tick box before clicking the submit button to submit their Entry. Entrant understands that the decision to subscribe to Sponsor's Subscription will not increase their chances of winning the Subscriber can unsubscribe from the Subscription at any time without affecting his/her chances of winning. Sponsor provides you with an opportunity to express your preferences with respect to receiving certain marketing communications from Sponsor or from unaffiliated third parties. If you ever decide in the future that you would like to update these preferences, (i) you may log into your account if you have created an account with Sponsor at one of our websites to adjust your settings, (ii) you may follow the "unsubscribe" instructions provided in any marketing email you receive from us, or (iii) you may send us an email at email@example.com and we will edit your preferences accordingly. If you previously chose to receive push notifications on your mobile device from us but no longer wish to receive them, you can manage your preferences either through your device or app settings, depending on the type of device.
Only one (1) Entry per person or email address is permitted during the Sweepstakes Period. If more than one such Entry is submitted only the first such Entry submitted will be accepted. Any attempt by a participant to obtain more than the allowable entries by using multiple/different e-mail addresses, identities or any other methods will void all of that participant's entries. By entering, entrants agree to comply with these Official Rules including all eligibility requirements. Illegible and/or incomplete Entries and Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor and its agents are not responsible for lost, late, or misdirected Entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the Entries. For purposes of this Sweepstakes, an on-line entry is "received" when the Promotion Website's servers record the entry information. Proof of entering information at the Promotion Website does not constitute proof of delivery or receipt. The Promotion Website's database clock will be the official timekeeper for this Sweepstakes. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Sweepstakes is prohibited and may result in the disqualification of the entrant. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the Entry is submitted. Winner may be required to show proof of being the registered account holder. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. All Entries become the sole property of the Sponsor and will not be acknowledged or returned.
4. POTENTIAL WINNER SELECTION AND NOTIFICATION: There will be one (1) Winner selected in this Sweepstakes. The potential winner will be selected in a random drawing on or about August 27, 2013 from all eligible entries received by Sponsor or its designee whose decisions are final and binding on all matters relating to the Sweepstakes ("Potential Winner"). Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the Potential Winner. Decisions of the Sponsor as to the selection of the Potential Winner will be final. Potential Winner will be notified by e-mail ("Prize Notification") and (or their parent or legal guardian if Potential Winner is an eligible minor) must provide by e-mail within five (5) days of the date of the Prize Notification (the "Deadline"), his/her full name and a mailing address ("Mailing Information") where Sponsor can send the Prize. The mailing address must be a street address (no P.O. boxes). If a Potential Winner does not provide the Mailing Information in response to the Prize Notification by the Deadline, he/she will be disqualified and an alternate Potential Winner will be selected from all eligible entries received for the original drawing. Potential Winner may be required to complete, sign, and return to Sponsor, an Affidavit of Eligibility and Liability/Publicity Release and a W-9 form (or their Parent if Potential Winner is a Minor). Once Sponsor receives a Potential Winner's Mailing Information and if required by Sponsor, a completed and signed Affidavit of Eligibility and Liability/Publicity Release and W-9 form (collectively, the "Affidavit"), Sponsor shall declare that Potential Winner is a winner ("Winner"). Return of any Prize Notification or Prizes or the Potential Winner fails or refuses to sign such Affidavit within the time period required by Sponsor will result in disqualification, an alternate Potential Winner will be selected from all eligible entries received for the original drawing, and Sponsor shall repeat the winner selection and notification procedures set forth in this Section 4 until a qualified Winner has been selected. Non-compliance shall result in disqualification and award of the Prize to an alternate winner. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's email account to receive email messages.
Parents or legal guardians of any Winner under the age of majority in his or her state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit in order for the Winner to be qualified to receive his or her Prize. If any Potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the Potential Winner declines the Prize for any reason prior to award, such Potential Winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the Potential Winner, or if Potential Winner is a minor, for late, lost, misdirected, or unsuccessful efforts of Potential Winner to provide signed parental or guardian consent.
5. PRIZES AND ODDS OF WINNING:
(i) Grand Prize. One (1) grand prize winner ("Grand Prize Winner") will receive the following Prize:
- One (1) Origin PC
Chasis: Corsair 900D with Custom Infinite Crisis Skin
Motherboard: ASUS Maximus V Extreme
Processor: Intel Core i7 3770k Processor with Professional ORIGIN PC Overclocking
Graphics Cards: DUAL EVGA NVIDIA GeForce GTX 770s
Memory: Corsair 16GB Corsair Dominator Platinum
Hard Drive: Corsair FORCE GT 120 GB SSD
Hard Drive 2: 1TB SATA 6.0Gb/s, 7200RPM, 32MB Cache HDD
Power Supply: 1000 Watt EVGA Supernova G2
Optical Drive: 24X LG DVD Reader/Writer
Operating System: Windows 7 Ultimate
Approximate Retail Value ("ARV") of the Grand Prize: $3,000 Total
Total ARV for all Prizes: $3,000
Odds of winning depend on the total number of eligible Entries received. Each Entry will have an equal chance of winning.
6. PRIZE CONDITIONS: Selection and specifics of the prize (collectively, the "Prize") will be determined in Sponsor's sole discretion. Prize is subject to availability. No cash redemption or prize substitution allowed, except by the Sponsor, who reserves the right in its sole discretion to substitute cash value or another prize it believes is of equal or greater value. Prize is non-transferable. The Prize is awarded "AS IS" and without WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of the Prize is at Winners' sole risk and Sponsor is not responsible for any damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of any such Prize. In the event a Winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify Winner from receiving his/her Prize. Unclaimed Prize will be forfeited. Prize, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen Prize(s) or any Prize that is undeliverable or does not reach the Winner because of an incorrect or changed address. The Winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize. Sponsor is not responsible for and winner will not receive the difference, in any, between the actual value of the Prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. Prize will only be mailed to verified Winner's physical mailing address (no P.O. Boxes) in one (1) of the forty-eight (48) contiguous United States or the District of Columbia, except in Sponsor's sole and absolute discretion.
7. TAXES AND COSTS RELATED TO THE PRIZES: All applicable taxes, including all federal, state, local and other taxes and any license, destination and delivery charges are the sole responsibility of Winner. Winner may be issued a 1099 tax form for the ARV of their Prize. Any additional expenses not included in the Prize are the sole responsibility of the Winner. The ARV of the Prize is based on available information provided to Sponsor and the value of any Prize awarded to the Winner may be reported for tax purposes as required by law. The Winner may be required to provide Sponsor with a valid social security number or tax identification number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winner, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the Prize received.
10. INTERNET: If for any reason the Sweepstakes is not capable of running as planned, including infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right to disqualify any individual it finds who tampers with the entry process, operation of the Sweepstakes or Promotion Website, and to cancel, terminate, modify, or suspend the Sweepstakes without notice and to select the Winner from all eligible Entries received prior to the cancellation or termination. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or Entry to be received by Sponsor on account of human error, technical problems or traffic congestion on the Internet or at any website, theft or destruction, or unauthorized access to, or tampering with or hacking of the Promotion Website, any combination thereof, or otherwise, including any injury or damage to any entrant's or any other person's computer related to or resulting from participation in the Sweepstakes. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or Prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor's control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner. The Sweepstakes Entities are not responsible for any changes or unavailability of the Facebook platform that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor's ability to use Facebook for the Sweepstakes as set forth herein that are not acceptable to Sponsor), in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
11. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the Prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
12. GOVERNING LAW / LIMITATION OF LIABILITY: Each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any Prize awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and the Sponsor in connection with this Sweepstakes shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than those of the State of California.
13. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator's decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant's residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn't apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles, County California. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
14. WINNER'S LIST/OFFICIAL RULES: For a copy of the Winners List or a copy of the Official Rules, please send a self-addressed stamped envelope to: "Infinite Crisis DC Multiverse Sweepstakes", Winner's List/Official Rules, c/o Warner Bros. Advanced Digital Services, 4000 Warner Blvd., Bldg. 168, Burbank, CA 91522, to be received no later than September 30, 2013. Please indicate whether you would like a copy of the Winners List or a copy of the Official Rules in your request. VT residents need not affix return postage.
© 2013 Warner Bros. Advanced Digital Services
™ & © Warner Bros. Entertainment Inc.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor at firstname.lastname@example.org and not Facebook. By entering the Sweepstakes, you understand that you are submitting your information to Sponsor and not to Facebook.
NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. Infinite Crisis DC Multiverse Sweepstakes begins: 9:00 a.m. PT on 8/16/13; ends: 6:00 p.m. PT on 8/23/13. Sweepstakes is open only to legal residents in the 48 contiguous U.S. and D.C. who are 13 years of age or older and are current or new users of Facebook.com. Entrants who are not of the age of majority in their state of residence must have their parents' or legal guardians' consent to participate in the Sweepstakes. Void in Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions and wherever prohibited by law. ARV of prize: $3,000. Sponsor: Warner Bros. Interactive Entertainment, 4000 Warner Blvd., Burbank, CA 91522. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook. Subject to Official Rules.