Location: United States
|Posted: 25†January†2012 at 1:48pm | IP Logged
BE A SUPERHERO IN IDOLIZED Contest/Giveaway
NO PURCHASE NECESSARY.
VOID IN QUEBEC, GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS
AND WHERE PROHIBITED BY LAW.
1. Description: BE A SUPERHERO IN IDOLIZED Contest/Giveaway (°»Sweepstakes°…) begins on January 23, 2012 and ends on February 13, 2012. Participants are invited to describe what super-powers they would have if they were a superhero, and why. Entries can be purely text, or can include drawings and/or photos of the entrant as the super-hero they°«d dream of being. Participants can enter by posting their entry on www.Facebook.com/IdolizedComic and/or by tweeting their entry with °»#Idolized°… included in their tweet. Entrants will have a chance to win: (a) the opportunity to be drawn into an issue of that certain comic book series currently entitled °»IDOLIZED°… (the °»Series°…) as a superhero; (b) a page of original art from the Series; and/or (c) signed copies of various issues of the Series. Aspen°«s computer shall be the official clock for purposes of the Sweepstakes.
2. Eligibility: Open only to persons 18 years of age or older as of the date of entry, who are permanent legal residents of the fifty (50) states of the United States and the District of Columbia ("D.C.") (excluding Guam, Puerto Rico, and all other U.S. territories and possessions) or permanent legal residents of Canada (excluding the province of Quebec) who are physically located and legally residing therein. Entrants must have either a valid social security number or a social insurance number and/or a valid U.S. personal tax identification number. If an entrant is deemed a minor in his/her jurisdiction of residence and resides in Alabama or Nebraska and is under 19 years of age; or is a resident of Mississippi under 21 years of age (°»Minor°…) then he/she may still enter but must obtain parental/legal guardian consent prior to entering or submitting any personally identifiable information and must provide verification of such consent in order to claim a prize. Employees and agents of Aspen MLT, Inc. (°»Sponsor°…), retailers selling the Series, and those involved in the production, development and handling of Series, their respective agents, officers, parent companies, affiliates and subsidiaries (collectively °»Sweepstakes Entities°…), and members of their immediate families (parents, children, siblings, spouses) and/or persons living in the same household as such persons, whether related or not, are ineligible to enter the Sweepstakes.
3. How to Enter: Participants can enter the Sweepstakes by posting their entry (as described in section 1 above) on www.Facebook.com/IdolizedComic and/or by tweeting their entry with °»#Idolized°… included in their tweet and/or by mailing their entry to Sponsor at the address listed below. The entry period starts on January 23, 2012 and ends on February 13, 2012. There is no fee to enter, and no limit to the number of entries per person. Any attempted form of Entry other than as described herein is void. By entering, the entrant provides a perpetual, royalty-free grant of all rights (including so-called °»droit morale°… rights) in and to such entry, and all intellectual property contained therein, to Sponsor, and Sponsor shall be free to exploit, transfer, assign and/or to otherwise make use of the foregoing in any manner and in Sponsor°«s (and/or it°«s licensee and/or assignee°«s) sole discretion.
4. Prizes/Odds of Winning: Five (5) Prizes will be awarded. The grand prize winner will receive: (a) the right to be drawn into an issue of the Series as the superhero they described in their entry; (b) a page of original artwork from the Series, which such page shall include the entrant°«s likeness, and which such page shall be selected by Sponsor; and (c) one (1) copy of each individual issue of the first volume of the Series, signed by the writer and penciller of the Series. Four (4) runners-up will each receive the foregoing item (c) only. The foregoing are, collectively, the °»Prize°…. (Approximate Retail Value (°»ARV°…) of the grand Prize: $560 USD. ARV of the runner-up prizes: $60 USD). The total ARV of all Prizes: $620 USD. Odds of winning a Prize depends on the total number of eligible Entries received. Winners will be required to submit certain information to Sponsor, including their name, contact information and social security number. The winner of the grand prize shall be required to sign a release allowing Sponsor to use their name and likeness in the applicable issue(s) of the Series and in promotions and marketing related to the Series, in order to receive their Prize. No transfer, substitution or cash equivalent for the Prize shall be provided, except that Sponsor at its sole discretion may substitute a prize of equal or greater value due to prize unavailability for any reason. Any depiction of the prize or prize components, in Sweepstakes materials or otherwise, is for illustrative purposes only. If the Series is cancelled or postponed for any reason, the Prize will be forfeited and no additional or substitute compensation will be provided in lieu thereof. Prize components cannot be combined/exchanged with any other offer. Prize(s) must be accepted with all listed Prize components subject to the conditions indicated herein. Additional Prize restrictions/conditions may apply. In the event that a Prize component is not available for whatever reason, then remaining elements of Prize or Prize components shall constitute full satisfaction of Sweepstakes Entities°« Prize obligation to winner(s) and no additional compensation will be awarded in lieu thereof. Any and all federal, state, provincial, and/or other taxes are the sole responsibility of each winner. Each winner may receive a 1099 form from the Sponsor for the total ARV, as stated herein, of his/her Prize that he/she won in the calendar year that he/she won. Limit one (1) Prize per person/per household/per family.
5. Drawing and Notification of Winners: Potential winners will be selected from among all eligible Entries received. Sponsor will, in their sole discretion, select their five (5) favorite Entries from among all eligible Entries, with such determination to be made on or about February 14, 2012 in Culver City, CA. Those five (5) finalists°« entries shall be posted on www.Facebook.com/IdolizedComic, and the general public shall be able to vote for their favorite from among the five (5) finalists. Whichever of such finalists receives the most votes within a period of time to be set by Sponsor, in its sole discretion (but in no event less than five (5) calendar days), shall be the potential winner, subject to their having met the qualifications and all other terms and complying with all other terms and conditions set forth herein and/or otherwise reasonably required by Sponsor. Potential winner(s) (or his/her parent/legal guardian if potential winner is a Minor) will be notified by telephone, e-mail, Twitter and/or Facebook message. If a potential winner cannot be reached after three (3) attempts, such potential winner may be disqualified, and an alternate potential winner may be selected at Sponsors°« sole discretion. If a potential winner is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her prize notification documents are returned as undeliverable, such potential winner may be disqualified, and an alternate potential winner may be selected at Sponsors°« sole discretion.
6. General Conditions: The Sweepstakes is subject to all applicable federal, state, provincial, and local laws, and to these Official Rules (collectively °»Rules and Laws°…). By participating, entrants agree to be bound by the Rules and Laws and the decisions of the Sponsor, which are final and binding in all respects; to waive any right to claim ambiguity with the Rules and Laws; to indemnify and hold harmless the Sweepstakes Entities from any and all claims, actions, injury, loss, damage or liability resulting or arising from the Sweepstakes, including but not limited to arising from the acceptance, possession or misuse of the Prize(s) awarded, to release all right to bring any claim, action, or proceeding against the Sweepstakes Entities. Potential winners (or his/her parent/legal guardian if he/she is a Minor), will be required to sign, execute, have notarized, and return an original unmodified Affidavit of Eligibility, a Liability Release, a Release, and any other documentation that the Sponsor may require (collectively, °»Affidavit/Release°…) within three (3) days after receipt or potential winner may be disqualified. If a potential winner fails to sign and return the Affidavit/Release within the required time period (as applicable above), such potential winner forfeits any prize eligibility and an alternate winner may be selected at Sponsor°«s sole discretion. By returning a completed Affidavit/Release, each winner attests to the veracity of the provisions stated therein including compliance with these Official Rules. If a winner is a Minor, prize(s) may be awarded in the name of his/her parent/legal guardian. Official Rules will be posted at the Web Site during the Sweepstakes Period. Any personal information supplied by entrants and/or winners to Sponsor or its affiliates will be maintained as confidential by Sponsor; provided that, except where prohibited by law, a participant who submitted his/her Entry/Registration Information and/or winner°«s acceptance of a prize constitutes permission of such entrant or winner (or his/her parent/legal guardian if he/she is a Minor) for the Sweepstakes Entities to use winner°«s name, photograph, likeness, biographical information, statements, and voice for advertising/publicity purposes worldwide and in all forms of media (including but not limited to posting on the Web Site), now known or hereafter devised, in perpetuity throughout the universe without further compensation, in relation to the Sweepstakes or the Prize(s) awarded. Sponsor has the right to modify, use, assign and/or dispose of Entries however they see fit and for any purpose without any notice or compensation to entrant or any third parties. However, Sponsor will not provide any personally identifying information of a Minor, regardless of its source, to any third party without the express written consent of entrant°«s parent/legal guardian. If, for any reason, Sweepstakes is not capable of running as originally planned, Sponsor at its sole discretion, reserves the right to cancel, suspend or modify Sweepstakes or any portion(s) thereof and conduct the drawing and award the Prizes from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor, or award prize(s) in a manner that is fair and equitable and notice of such will be posted on Sponsor°«s web site. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the Entry process or the operation of the Sweepstakes; to be acting in violation of the Official Rules, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or in any way tamper with this Sweepstakes will be ineligible for a prize and may be prosecuted to the full extent of the law. In case of a dispute over the identity of an entrant who submitted a winning Entry, the authorized account holder of the email address, Twitter account and/or Facebook account associated with that Entry may be deemed the entrant.
7. Disclaimers: Sweepstakes Entities are not 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), or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, or otherwise not in compliance with these Official Rules and such Entries may be disqualified. Once submitted, Entries become the sole property of Sponsor and will not be returned. Winner releases Sweepstakes Entities and their respective agencies, officers, directors and employees or other company or any other persons providing prizes for the winner due to reasons beyond Sponsor and/or Sweepstakes Entities control, and/or participation in this Sweepstakes from any and all liability/responsibility with respect to the applicable prize(s) and/or Sweepstakes (including any property loss, damage, personal injury, or death) in connection with: participation in this Sweepstakes; human error; incorrect or inaccurate transcription of Entry/Registration Information; acceptance/possession, use/misuse, and/or defects of the prize(s) awarded herein; any technical malfunctions of the computer online system, computer equipment, software, internet service provider; interruption or inability to access Sweepstakes or any Web Site or online service via the internet; any damage to entrants (or any third person°«s) computer and/or its contents related to or resulting from any part of this Sweepstakes; any lost/delayed data transmissions, omissions, or elements of Sweepstakes and/or even if caused by the negligence of one of the Sweepstakes Entities. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to: (1) by any wrongful, negligent or unauthorized act or omission on the part of any entity (or any of its agents, servants, employees or independent contractors), (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or their parents, subsidiaries and affiliated companies. Entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize(s), including express warranties provided exclusively by a prize supplier that are sent along with the prize(s) (including but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose) in fact or in law, relative to the Sweepstakes or the prizes awarded herein. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor(s) (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
8. GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) the awarding or redemption of the prize(s) and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive 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. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator, in accordance with California Code of Civil Procedure °Ý°Ý 1280 et seq. The arbitrator shall be selected by mutual agreement of Sponsor and the entrant or entrants bringing forth the controversy or claim (collectively, the °»Parties°…) or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. 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). Entrant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Entrant further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Sweepstakes but in no event attorneys' fees; and, under no circumstances, will an entrant be entitled to 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 increased. Should any term of this Section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this Section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
9. Rules/Winner°«s List: To receive a copy of the Official Rules or the Official Winners List, send a self-addressed stamped envelope to: BE A SUPERHERO IN IDOLIZED °»Rules°… or °»Winner°«s List°… (specify which) at the address below. Official winners Information will be available no later than March 15, 2012. All requests must be received by February 13, 2013.
10. Sponsor and Sweepstakes Administrator: Aspen MLT, Inc., 5855 Green Valley Circle, Suite 111, Culver City, California 90230.
Official Rules ŹĘŪ2011 Aspen MLT, Inc.. Participants may copy these Official Rules for personal use only and not for any commercial purpose whatsoever. All rights reserved.