UNLOCK THE CHILL WITH GOOSEBUMPS SWEEPSTAKES OFFICIAL RULES

Transcription

1 UNLOCK THE CHILL WITH GOOSEBUMPS SWEEPSTAKES OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. The UNLOCK THE CHILL WITH GOOSEBUMPS SWEEPSTAKES ( Sweepstakes ), promoting the movie GOOSEBUMPS (the Picture ), starts at 12:01 a.m. Pacific Time ( PT ) on 10/1/15 and ends at 11:59 p.m. PT on 11/27/15 ( Sweepstakes Period ). The sponsor of the Sweepstakes is The ICEE Company ( ICEE ) 1205 S Dupont Ave, Ontario, CA (the Sponsor ). The Sweepstakes is subject to these Sweepstakes Official Rules (the Official Rules ), and by entering, entrant agrees to be bound by them. A prize won by a minor ( Minor ) will be awarded in the name of Minor s parent or legal guardian. ELIGIBILITY: Sweepstakes is open only to legal residents of the fifty (50) United States of America and the District of Columbia, who as of the date of their entry into the Sweepstakes are thirteen (13) years of age or older (each an Entrant ). An Entrant who is under the age of majority in Entrant s state of residence must have permission from Entrant s parent or legal guardian prior to entering this Sweepstakes, and such entry shall be deemed submitted by an Entrant s parent or legal guardian and shall be treated as if an Entrant s parent or legal guardian had made such entry. Employees, officers and directors of Sponsor, Columbia TriStar Marketing Group, Inc., West Coast Marketing, a division of The Susquehanna Hat Company ( West Coast Marketing ) and each of the foregoing entities affiliates, and any other Sponsor-authorized designees associated with the design, administration, prize supplying or prize fulfillment of the Sweepstakes (collectively, the Sweepstakes Entities ), as well as members of such employees, officers or directors immediate families (spouses, children, siblings, parents, grandparents, grandchildren) or household members of each employee (whether or not related), are not eligible to participate in the Sweepstakes. The Sweepstakes is void in Puerto Rico, all U.S. territories and possessions and overseas military installations and where prohibited or restricted by law. HOW TO ENTER: To enter the Sweepstakes eligible individuals may visit the website at ( Sweepstakes Site ) during the Entry Period and follow the directions for entry registration in the Sweepstakes by inputting your personal information (first and last name, street address, city, state, zip code, address, daytime telephone number and date of birth) and clicking Submit. By successfully completing the foregoing to its conclusion and subject to the maximum number of Entries stated herein, each Entrant will receive one (1) Entry. There is a limit of one (1) Entry per person during the Sweepstakes. The Sweepstakes Site's database clock will be the official timekeeper for this Sweepstakes. WINNER SELECTION AND NOTIFICATION: One (1) potential Sweepstakes Grand Prize ( Grand Prize ) winner, five (5) potential First Prize ( First Prize ) winners and five hundred (500) Second Prize ( Second Prize ) winners will be selected in a random drawing held on or about 12/1/15 by West Coast Marketing, an independent judging entity. Potential Grand Prize and First Prize winners (or if potential Grand Prize or First Prize winner is a Minor, potential Grand Prize or First Prize winner s parent or legal guardian) will be notified by , and or telephone within three (3) business days of the conclusion of the random drawing. Each potential Grand Prize and First Prize winner (or potential Grand Prize or First Prize winner s parent or legal guardian if potential Grand Prize or First Prize winner is a Minor) will be required to respond to notification within three (3) days of date of issuance verifying eligibility in the Sweepstakes. Potential Grand Prize or First Prize winner s failure to respond to notification in this three (3) day time period or to not comply with all terms and conditions stated herein may result in the potential Grand Prize or First Prize (as applicable) winner being disqualified at Sponsor s sole discretion and either an alternate Grand Prize or First Prize winner (as applicable) selected in a subsequent random drawing from among eligible entries, or the Grand Prize or First Prize (as applicable) remaining unawarded. Once all required responses are received from a potential Grand

2 Prize or First Prize winner, such potential Grand Prize or First Prize winner may be referred to as a Grand Prize Winner or First Prize Winner (as applicable). Potential Second Prize winners will be notified within 6-8 weeks of the conclusion of the Sweepstakes with the delivery of his/her prize by USPS mail or other delivery service selected at the sole discretion of Sponsor. Grand Prize Winner, First Prize and Second Prize winners may be referred to hereafter individually as a Prize Winner and collectively as Prize Winners. All federal, state and local tax liabilities, if any, are the responsibility solely of the Prize Winners. Acceptance of a prize constitutes permission (except where prohibited) granted to Sponsor to use the Prize Winner s name, likeness, pictures, photographs, voice, biographical information and statements for publicity, advertising, trade and promotional purposes in any and all media and manner and by any and all means now known or hereafter devised in perpetuity worldwide without additional compensation or limitation of any kind, and without the need to get any further consent. PRIZES AND PRIZE RESTRICTIONS/CONDITIONS: GRAND PRIZE: One (1) Grand Prize is available to be awarded in this Sweepstakes: The Grand Prize consists of a PlayStation 4 system. The Approximate Retail Value (the ARV ) of the Grand Prize is Three hundred Ninety-Nine and 99/100 Dollars ($399.99). FIRST PRIZE: Five (5) First Prizes are available to be awarded in this Sweepstakes: Each First Prize consists of a Sony Action Cam Model HDR-AZ1. The ARV of each First Prize is Two Hundred Nineteen and 99/100 Dollars ($219.99). SECOND PRIZE: Five hundred (500) Second Prizes are available to be awarded in this Sweepstakes: Each Second Prize consists of a Goosebumps T-shirt (from available sizes and awarded at the sole discretion of the Sponsor). The ARV of each Second Prize is Six and 99/100 Dollars ($6.99). ODDS OF WINNING: The total ARV of all prizes available to be awarded in the Sweepstakes is Four Thousand Nine Hundred Ninety Four and 94/100 Dollars ($4,994.94). Odds of winning a prize in the Sweepstakes depends on the total number of eligible Entries received. Prizes are non-transferable, non-assignable and have no cash value. No prize substitution or cash redemption allowed by a Prize Winner. Sponsor reserves the right to substitute a prize of comparable or greater value at any time in its sole discretion. No portion of a prize may be sold, bartered, endorsed, transferred, exchanged or modified in any way by the prize winner before awarding. If awarded, prize will be awarded without any warranty of any kind other than standard warranty provided by service provider. PRIVACY: Entry in the Sweepstakes constitutes consent to transfer personal information collected from the Entrant from ICEE to the Sponsor for the purposes of administering the Sweepstakes and for such other purposes to which an entrant may consent as outlined in these Official Rules or on the Sweepstakes Site. More specifically, ICEE may collect information that an Entrant provides to enter the Sweepstakes and ICEE will use personal information an entrant provides to enter the Sweepstakes to actually conduct the Sweepstakes. All information collected by ICEE in connection with participation in the Sweepstakes will be subject to the ICEE Privacy Policy and California Privacy Rights statements as posted on [ ICEE will provide the personal information an Entrant provides to enter this Sweepstakes to Administrator (defined below) for the sole purpose to administer this Sweepstakes and to process and deliver prizes to winners. PUBLICITY/RELEASE OF LIABILITY/GENERAL CONDITIONS: Sweepstakes Entities shall not be responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with these Official Rules, and all such Entries will be disqualified. By entering the Sweepstakes, each Entrant agrees: (i) to be bound by these Official Rules, and by all applicable laws and the decisions of Sponsor and West Coast Marketing which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any of the Sweepstakes Entities in connection with the Sweepstakes; and (iv) to release, indemnify, and hold harmless each of the Sweepstakes Entities and their

3 respective officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the Releasees ), from any liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Releasees have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys fees) that may arise in connection with: (a) the Sweepstakes, including but not limited to any Sweepstakes-related activity or element thereof, and the Entrant s Entry, participation or inability to participate in the Sweepstakes or in any parts thereof, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Sweepstakes-related promotional materials, (d) acceptance, possession, defects in, use, misuse or inability to use a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, or due to reasons beyond the Sweepstakes Entities control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, 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 cause, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Sweepstakes, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the Entry (including, without limitation, the Entry information or any parts thereof), (i) any technical malfunctions or unavailability of the Sweepstakes Site or any telephone network, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Sweepstakes Entities or by an Entrant, (j) interruption or inability to access the Sweepstakes, the Sweepstakes Site or any other Sweepstakes-related web pages, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to Entrant s (or any third person s) computer and/or its contents related to or resulting from any part of the Sweepstakes, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Sweepstakes Entities, or any of their agents or employees, and/or (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof). Each Prize Winner hereby acknowledges that the Sweepstakes Entities have neither made nor are in any manner responsible or liable for any express or implied warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize or any component thereof. Proof of entering information at the Sweepstakes Site, submitting an Entry is not considered proof of delivery or receipt. Illegible, incomplete, mechanically reproduced or Entries that violate these Official Rules or are in excess of the permitted number from any one (1) valid address and/or person will be disqualified. All Entries become the property of Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive Entries or acts shall render Entrants ineligible. GENERAL: If for any reason the Sweepstakes is not capable of running as planned, or if the Sweepstakes or the Sweepstakes Site (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and/or processing of Entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in Sponsor s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes (or any component part thereof) or the granting of a prize or any component thereof, Sponsor reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend the Sweepstakes (or any component part thereof). In the event the Sweepstakes is cancelled, and to the extent possible (such determination to be made by Sponsor), Sponsor will conduct random drawings to select the stated number of prize-winning Entrants from among all eligible, non-suspect Entries received, prior to the time of the action or event warranting such cancellation, and to award the stated number of prizes (or any awardable portion(s) thereof). In the event that Sponsor determines that there are no eligible Entrants, Sponsor reserves the right in its sole discretion to not award any of the prizes (or any portion thereof) or less than the stated number of prizes. ANY ATTEMPT BY AN

4 ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE (INCLUDING THE SWEEPSTAKES SITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If a dispute arises about who submitted an Entry online, the Entry will be deemed submitted by the authorized account holder of the address used. The authorized account holder of the address is deemed the natural person who is assigned to an address by an Internet access provider, service provider, or other online organization that is responsible for assigning addresses for the domain associated with the submitted address. A potential prize winner may be requested to provide the Sponsor with proof that she is the authorized account holder of the address associated with the winning Entry and that all eligibility requirements are met. 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. The Releasees 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 account to receive messages. Also, the Releasees are not responsible, and may disqualify an Entrant, if his or her address does not work or if it is changed without Entrant giving prior written notice to Sponsor. GOVERNING LAW/LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants and Releasees in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state s laws. By entering the Sweepstakes, Entrants hereby submit to the jurisdiction and venue of the federal and state courts of Los Angeles County, California, United States, and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. FORCE MAJEURE: Releasees shall not be liable to a prize winner or any other person for failure to supply a 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), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, 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, network or computer problems, internet problems, hacking, computer viruses, unauthorized computer access, tampering, or any other cause beyond Sponsor s sole control. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

5 Sponsor s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Entry Site and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor s sole and absolute discretion. 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 SWEEPSTAKES, THEME PARK ATTRACTIONS, OR ANY RIDE, SHOW, PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES. OFFICIAL WINNERS LIST/OFFICIAL RULES: For an Official Winners List (available after 12/20/15), or a copy of these Official Rules, send a self-addressed, stamped envelope to: UNLOCK THE CHILL WITH GOOSEBUMPS SWEEPSTAKES (please specify Official Winners List or Official Rules), PO Box 56436, Sherman Oaks, CA, to be postmarked no later than 1/10/16. Residents of Vermont may omit the return postage on their request. The Official Rules are also available during the Sweepstakes at the Sweepstakes Site. SWEEPSTAKES ADMINISTRATOR: West Coast Marketing, Calabasas Road, Suite 2001, Calabasas, CA NO PURCHASE NECESSARY TO ENTER OR WIN. Sweepstakes starts 12:01 a.m. PT on 10/1/15 and ends at 11:59 p.m. PT on 11/27/15. Open only to legal residents of the US (except Puerto Rico, U.S. territories and possessions and overseas military installations), 13 years of age or older. Subject to the complete Official Rules available at See Official Rules for complete details. Void where prohibited.