Warner Bros. Entertainment Inc.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF AND ORDER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
ENTRY VIA TWITTER AND TWITTER ACCOUNT AND CONNECTION REQUIRED. “PROTECTED” TWITTER ACCOUNTS MAY NOT BE ABLE TO SEND ENTRIES. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE FORM MAY BE REQUIRED.
1. Eligibility. This Twitter Sweepstakes (the "Sweepstakes") is open only to legal residents who are physically located in one (1) of the fifty (50) United States or the District of Columbia (void in Puerto Rico, all U.S. territories and possessions and all overseas military installations) who are at least 13 years of age or older at the time of entry. NOTE: Sponsor may not receive entries from Twitter users with “protected” updates (i.e., user has set their account so that only people the user has approved can view their updates) due to the way Twitter operates its service. An eligible minor (the age of majority is eighteen (18) in most states but twenty-one (21) in Mississippi and nineteen (19) in Alabama and Nebraska) should obtain his/her parent’s or legal guardian’s permission prior to entering. Further, entrants must be a member of good standing of Twitter (http://twitter.com) (the "Web Site") in order to participate in the Sweepstakes and win the Prize(s) (defined below). Twitter, Inc. is not a sponsor of this Sweepstakes and does not endorse or otherwise have anything to do with this Sweepstakes. Employees of Warner Bros. Entertainment Inc. (“Sponsor”) and its parent, affiliates, subsidiaries, advertising, and promotion agencies, directors, officers and distributors and other prize suppliers (collectively, the "Sweepstakes Entities"), and each of their immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter or win. For the purpose of this Sweepstakes, family members are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Void where prohibited by law.
2. Sweepstakes Entry Period. The Sweepstakes begins on or about 11:00AM PST Pacific Standard Time ("PST") on 12/12/12 and all entries must be received no later than 7:00PM PST on 12/12/12 (the "Entry Period"). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these "Official Rules" and the decisions of Sponsor, including the interpretation of these Official Rules, which will be final and binding in all respects.
3. How to Enter. Sign in to your Twitter account. If you do not have a Twitter account, visit www.twitter.com to create one. Twitter accounts are free. All terms and conditions of Twitter.com apply. Once logged into your Twitter account, follow the links and instructions to become a follower of @TheHobbitMovie. During the Entry Period, an official tweet will be posted from the @TheHobbitMovie handle, prompting you to retweet. You have until the end of the Entry Period to retweet this tweet in order to be eligible to enter. By retweeting the Sweepstakes tweet, you will automatically receive one (1) entry into the Sweepstakes.
Only one (1) entry, per person will be accepted. Subsequent attempts made by the same individual to submit multiple entries by using multiple Twitter accounts or otherwise may be disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor's sole and absolute discretion. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the e-mail address associated with the Twitter account of the entry, which the entrant will have the obligation to establish. Authorized account holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses. All materials submitted become the property of Sponsor and will not be returned. 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. 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.
NOTE ABOUT MOBILE: If you opt to receive Sponsor's tweets via your wireless mobile device (which may only available via participating wireless carriers and is not required to enter), standard text messaging rates will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by mobile phone and text message means that you understand that you may receive additional text messages from Sponsor relating to this Sweepstakes, including to notify you if you are a potential winner in this Sweepstakes, which will be subject to the charges pursuant to your carrier's rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Cell phone service may not be available in all areas. Check your phone's capabilities for specific instructions
4. Prize(s) and Values. The "Prize(s)" to be awarded in this Sweepstakes are as follows:
1 Next Level Men’s ‘Silhouette’ Heather Grey T-shirt – ARV $35 each
1 Acorn Lapel Pin – ARV $8 each
1 Screen Wipe on Card – ARV $5 each
1 Soundtrack CD – ARV $18.99 each
1 4-Pack IMAX tickets – ARV $21 each, 4-Pack = $84
1 Fur Hat – ARV $40 each
1 Travel Throw – ARV $30 each
1 Set of 4 Full-Color “Doors” Coasters in Pewter Trinket Box – ARV $76 each
The total ARV of the prize packs are $296.99. To claim a Prize, you may be required to provide your correct full-name, mailing address, telephone number and/or e-mail address. Sponsor will not replace any lost or stolen Prize(s). Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. Prize details and availability are subject to change, and in the event that Sponsor is unable to provide the winner(s) with the Prize(s), the Sponsor may elect, at the Sponsor’s sole and absolute discretion, to provide winner(s) with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All Prizes are 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). Prizing may be fulfilled by a third party.
Winner(s) will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s) they receive. The ARV of the Prize(s) is based on available information provided to Sponsor and the value of any Prize awarded to a winner may be reported for tax purposes as required by law. The winner(s) may be required to provide Sponsor with a valid social security number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winner(s), 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(s) received. Unclaimed Prize(s) will be forfeited.
5. Additional Conditions. All expenses and incidentals not specifically mentioned herein, are not included as part of any trip Prize package (if applicable), and are solely the trip Prize winner’s responsibility, including, but not limited to: hotel taxes, additional ground transportation at the trip Prize winner’s destinations, travel insurance, room service, bag check fees, parking fees, laundry service, food, beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. The Sponsor and/or any other relevant party reserve the right to remove or to deny entry to the trip Prize winner and/or trip Prize winner's guest who engages in a disorderly or disruptive manner (as determined by Sponsor in its sole discretion), or with intent to annoy, abuse, threaten or harass any other person. Further, if any such actions occur, Sponsor reserves the right to terminate the trip early and send the trip Prize winner and/or his or her travel companion home with no further compensation. If applicable, the trip Prize will be forfeited by a trip Prize winner if: 1) trip Prize winner is not available to travel on dates specified by Sponsor; or 2) the proper travel documents are not obtained by the trip Prize winner by the date specified by Sponsor. If a trip Prize winner is not be at time of trip Prize fulfillment the age of majority in their state of residence, a parent or legal guardian of such minor must accompany such trip Prize winner on such travel. All guests accompanying trip Prize winner will be required to complete and submit travel companion releases to Sponsor. Guest traveling with trip Prize winner must be at time of trip Prize fulfillment the age of majority in their state of residence unless they are the child of the trip Prize winner, in which case the parent or legal guardian of such minor travel companion must sign a release on their behalf. Trip Prize winner and trip Prize winner's guest are solely responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain at their own expense and hereby acknowledges that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Trip Prize winner is bound by the terms and conditions of all airlines, hotels and other third party service providers used in connection with the trip Prize. Sponsor is not responsible if tickets, etc. are lost, stolen, or misplaced by trip Prize winner and will not be replaced or if booked transportations are missed for any reason. Exact dates and locations are subject to change, and are at the sole discretion of Sponsor. Specifics of trip Prize package are subject to availability and Sponsor’s sole discretion. Complete terms and conditions of trip will be furnished with Prize notification. Black out dates and other restrictions may apply.
The trip Prize winner and his or her travel companion must travel together on the same itinerary and possess all required travel documents. The dates of departure and return are subject to change at Sponsor’s sole discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select hotels in their sole discretion. The trip Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for the trip Prize begins and ends at the point of departure. The trip Prize is subject to seat and hotel availability, as well as Sponsor’s terms and conditions generally applicable thereto.
Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. It is the responsibility of the trip Prize winner and guest to provide proper documentation. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of Sponsor. Sweepstakes Entities shall not be liable for any loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables. If the trip Prize winner becomes disabled or cannot otherwise fully enjoy the trip Prize travel package due to illness, Sponsor shall have the option of: (1) being relieved of liability for fulfillment of the trip Prize award; or (2) at Sponsor's sole discretion extending the period during which the trip Prize may be awarded for a period equal to the duration of the trip Prize winner's disability or illness, in which case certain Prize components may not be available. The trip Prize winner must prove such disability by a doctor's certificate, which certificate shall be endorsed by another physician agreeable to Sponsor and trip Prize winner at Sponsor's expense.
The Sweepstakes Entities shall not be liable for any loss or damage to (a) any baggage or any unauthorized intervention whether or not caused by any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity(ies), equipment failure, including overloading of the Web Site due to excessive use, threatened terrorist act(s), terrorist act(s), air raid(s), blackout(s), act(s) of public enemy, earthquake(s), war(s) (declared or undeclared), fire(s), flood(s), epidemic(s), explosion(s), unusually severe weather, hurricane(s), embargo(s), labor dispute(s) or strike(s) (whether legal or illegal), vandalism, labor or material shortage(s), transportation interruption(s) of any kind, work slow-down(s), civil disturbance(s), insurrection(s), riot(s), abductions, or any other similar or dissimilar cause(s) beyond Sponsor’s sole and reasonable control; (b) damage caused by computer virus or otherwise resulting to any computers from any entrant’s access to the Web Site or entry into the Sweepstakes; (c) printing or other errors appearing in the Official Rules or other Sweepstakes materials; or (d) 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.
Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision; you further agree that in any cause of action, the Sweepstakes Entities' liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorneys' fees and/or experts' fees and costs.
6. Additional Conditions If Tickets To A Movie Premiere/Screening Are Awarded. Address of premiere/screening theatre will be provided by the Sponsor a reasonable time prior to the premiere. The winner is advised to arrive at least one (1) hour prior to premiere/screening start time. The tickets to the premiere/screening are subject to the following limitations and restrictions: (i) Theater will be overbooked to ensure a full house; (ii) Not all ticket holders will be admitted; (iii) Seating is on a first-come, first served basis; and (iv) No one will be admitted without a ticket or after the premiere/screening begins. If, for whatever reason, the premiere/screening of the film is cancelled or rescheduled after the tickets are ticketed, no compensation will be paid in lieu of any cancelled or rescheduled showing of the film. No responsibility is assumed by Sponsor if movie premiere/screening is cancelled, rescheduled, delayed or postponed, in whole or in part. Unused tickets cannot be refunded or exchanged.
7. Winner Selection. The winner will be determined by checking the Twitter @Reply function responses received in the TheHobbitMovie @Reply folder for qualified and complete @Reply responses to Sponsor updates calling for entries. Sponsor is not responsible for changes to the Twitter @Reply function that may interfere with Sweepstakes or ability of entrant to timely enter. If the Sponsor update calling for entries provides that the winner will be based on the order of responses received (e.g., the 7th response), such order will be determined by searching TheHobbitMovie’s @Reply folder for updates that include the terms and information called for in Sponsor’s update calling for entries including the unique term identifying the Sweepstakes. The potential winner will be contacted using the direct message feature on Twitter for the user account that posted the responsive update if the winner is a follower of TheHobbitMovie. If the potential winner is not a follower of TheHobbitMovie, then the potential winner will have to set their potentially winning Twitter account to follow TheHobbitMovie (so that Sponsor will be able to send a private direct message via Twitter) within time stated in the notice of the Sponsor’s submission of an @Reply to the potential winner or else the Sponsor may disqualify the winner’s entry. However, this is only for purposes of facilitating eligibility verification and prize fulfillment communication and may be discontinued following that process. It is your responsibility to timely set your account settings to accept contacts by Sponsor and to timely check your account for such messages. Sponsor is not responsible for any failure of delivery of notice attempting to use such methods. The potential winner (and his or her parents or legal guardians if under the age of majority) may be required to submit an Affidavit of Eligibility / Release of Liability / Prize Acceptance Form (collectively, the "Affidavit") within three (3) business days of attempted notification. If the Prize or Affidavit is returned to Sponsor as undeliverable, is lost, rejected or faulty or if Sponsor does not receive a response from any potential winner within three (3) business days of attempted notification, such winner may be disqualified and the Prize will be awarded to an alternate potential winner. Non-compliance may result in disqualification and award of the Prize to an alternate winner. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a 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 winner(s), or remaining winner(s), as the case may be, of the advertised number of Prize(s) 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.
8. Odds. Odds of winning the Prize depend upon the total number of eligible entries received and the timing of the entries submitted.
9. Releases/Disclaimers/Indemnity/Termination/Miscellaneous. By accepting the Prize, to the fullest extent permitted by applicable law, winner consents that Sponsor may use the winner's name, photograph, likeness (including his/her voice), the winner's hometown and biographical information, statements concerning the Sweepstakes, or Sponsors’ products without further compensation or notice for purposes of advertising, promotion, and merchandising, and grant all rights to edit or modify and to publish and copyright it.
By entering and participating, entrant agrees to defend, indemnify and hold harmless the Sweepstakes Entities from and against any and all claims, demands, liability, damages or causes of action (however named or described) losses, costs or expenses, with respect to or arising out of or related to: (i) entrant’s participation in the Sweepstakes, and (ii) entrant's acceptance, use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of a Prize.
Neither the Sweepstakes Entities, nor service providers are responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures or any telephone network, computer equipment, software, inability to access or use the Web Site or on-line service, or any other error or malfunction, or late, lost, illegible, incomplete damaged, mutilated or misdirected entries or entries not properly forwarded to Sponsor. Sponsor is not responsible for any changes or unavailability of the Twitter service that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the Service for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate the Sweepstakes. Entry materials that have been tampered with or altered are void. If the Sponsor determines, in its sole discretion, that there is any suspected or actual electronic tampering with the Sweepstakes or if technical difficulties compromise the integrity of the Sweepstakes, the Sponsor reserves the right to void the entries at issue and conduct a random drawing to award the Prize using all eligible entries received as of the termination date. If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on the Twitter via a Sponsor update and/or on the site(s) where these Official Rules have been posted.
WARNING: ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK FROM ANY SUCH PERSON DAMAGES AND ANY OTHER REMEDIES AVAILABLE TO THE SPONSOR TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries made by any other individual or entity and/or originating at any other Internet web site or e-mail address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and as such ruled ineligible for this Sweepstakes. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Sweepstakes as determined by Sponsor, in its sole and absolute discretion. Any damage made to the Web Site or the Twitter service will be the responsibility of the account holder of Twitter account submitted at the time of entry. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any entries which are suspected of being fraudulent (including those using computer programs, macro, robotic, automatic, programmed or similar methods of participation) may be disqualified, based on determinations made solely by Sponsor. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder/entrant fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
10. Sweepstakes Communications. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner's list.
11. Governing Law/Jurisdiction/Limitation on Remedies. The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in California and where the relevant contacts are with such state. All applicable federal, state, and local laws and regulations apply. Except where prohibited, as a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses, and entrant further waives all rights to have damages multiplied or increased.
12. Dispute Resolution. The parties agree that any disputes arising out of these Official Rules shall be submitted to final, binding arbitration conducted in Los Angeles County under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) before a single, neutral arbitrator who is a former or retired California state or federal court judge with experience in entertainment matters who shall follow California law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in Los Angeles County, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Sponsor shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of Los Angeles County. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Los Angeles County.
13. List of Sweepstakes Winner(s)/Official Rules Requests. To receive a list of winner(s), send a stamped self addressed envelope to: Twitter Sweepstakes Winners List, Warner Bros. Entertainment Inc., 4000 Warner Blvd., Burbank, California 91522 (Attn: Manager, Promotions, Interactive Marketing). Please indicate which Sweepstakes Winner(s) List you are requesting by referring to the unique term identifying the sweepstakes listed above. A winners list may also be on the same web page these Official Rules are posted for sixty (60) days after winner(s) are selected. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: Sweepstakes Official Rules, Warner Bros. Entertainment Inc., 4000 Warner Blvd., Burbank, California 91522 (Attn: Manager, Promotions, Interactive Marketing) prior to the end of the Entry Period and indicate which Sweepstakes Official Rules you are requesting by referring to the particular issue as noted above. Vermont residents may omit return postage with Official Rules requests.
14. Sponsor. This Sweepstakes is sponsored by Warner Bros. Entertainment Inc., 4000 Warner Blvd., Burbank, California 91522.
//End of Official Rules//The Hobbit: An Unexpected Journey © 2012 Warner Bros. Pictures, Inc. All Rights Reserved