|
Official Rules
for the
Black Hawk Down DVD Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN THIS
SWEEPSTAKES.
The Black Hawk Down DVD Sweepstakes (the "Sweepstakes") is sponsored
by Columbia TriStar Home Entertainment, Inc., 10202 W.
Washington Blvd.,
Culver City, California 90232 ("Sponsor"). The Sweepstakes
entry period
begins on June 11, 2002 at 12 PM Pacific Time ("PT"), and
ends on August
9, 2002 at 12 PM PT (such period, the "Sweepstakes
Period"). References
to Sponsor shall be deemed to include Sponsor's advertising
or promotion
agencies, those involved in the production, development,
implementation
or handling of the Sweepstakes, and the respective parent companies,
affiliates, employees, officers, directors, subsidiaries,
service providers,
prize suppliers, or any other designee(s), as applicable
(collectively,
the "Sweepstakes Entities").
BY ENTERING AND PARTICIPATING IN THE SWEEPSTAKES, ENTRANT (1) FULLY
AND UNCONDITIONALLY AGREES TO ACCEPT AND BE BOUND BY THESE OFFICIAL
RULES AND BY ALL DECISIONS OF SPONSOR, WHICH DECISIONS,
INCLUDING WITHOUT
LIMITATION DECISIONS REGARDING ELIGIBILITY, WINNERS AND THE
INTERPRETATION
OF THE TERMS USED IN THESE OFFICIAL RULES, SHALL BE FINAL AND BINDING
IN ALL RESPECTS; AND (2) REPRESENTS AND WARRANTS THAT ALL INFORMATION
PROVIDED BY ENTRANT IN CONNECTION WITH THE SWEEPSTAKES IS
TRUE, ACCURATE
AND COMPLETE AS OF THE DATE OF ENTRY.
1. ELIGIBILITY: VOID OUTSIDE OF THE ELIGIBILITY AREA
(DEFINED BELOW)
AND WHERE OTHERWISE PROHIBITED BY LAW. Participation in
this Sweepstakes
is open to any individual who is, as of the beginning of
the Sweepstakes
Period, (a) a legal resident of one of the 50 United States
or the District
of Columbia (excluding Florida, Rhode Island, Guam, Puerto Rico, and
all other U.S. and foreign territories and possessions) ("Eligibility
Area"); and (b) 18 years of age or older. Sponsor
(including the Sweepstakes
Entities) and the immediate family members (spouse, mother, father,
sister, brother, daughter, or son, regardless of where they live) or
members of the same households (whether related or not) of
the foregoing
individuals, are not eligible to participate in the Sweepstakes or to
win any prize.
2. HOW TO ENTER:
a. ONLINE ENTRY: To enter the Sweepstakes online, visit the website
located at http://www.sonypictures.com/cthe (the "Site"),
fill out the
online Sweepstakes entry form by providing your first and last name,
gender, birth date, e-mail address, telephone number and
mailing address,
and click "Submit." Online entries must be actually
received by Sponsor
via the Site before the end of the Sweepstakes Period to be
deemed eligible;
online entries received by Sponsor after the end of the Sweepstakes
Period will be discarded and deemed VOID. In the event of a dispute
as to who submitted an online entry, the individual who was, at the
time of entry (in Sponsor's sole discretion), the
registered subscriber/holder
of the email account used to enter the Sweepstakes, will be
deemed the
eligible entrant.
b. ENTRY GUIDELINES AND RESTRICTIONS: LIMIT ONE (1)
ENTRY PER PERSON PER DAY. Any use of robotic, automatic,
macro, programmed,
or like methods (including without limitation the use of
any promotion/sweepstakes
subscription, notification, entry, or like sites or service
that offers
sweepstakes entry services "on behalf of" entrant) is
strictly prohibited.
Odds of winning are determined by and depend on the total number of
eligible entries received. Any attempt to enter the Sweepstakes that
is made in a manner other than as permitted in this Section 2 will,
upon discovery thereof by Sponsor, be deemed VOID and
ineligible. Proof
of entering Sweepstakes online will not be deemed by
Sponsor to constitute
proof of delivery or receipt of entry. Any use of entry
methods prohibited
by these Official Rules may, upon discovery thereof by Sponsor and in
Sponsor's sole and absolute discretion, VOID some or all entries made
by such methods and subject entrant to disqualification from further
participation in the Sweepstakes and/or any future Sponsor
sweepstakes
or other promotions. No changes to any entry materials or information
will be permitted once submitted. All entries become the property of
Sponsor and will not be acknowledged or returned.
3. THE GRAND PRIZE:
a. SELECTING THE WINNER: On or around August 12, 2002, ten (10) Grand
Prize Winners (the "Winner(s)") will be selected at random by Sponsor
from among all eligible entries received during the
Sweepstakes Period.
Sponsor will use commercially reasonable efforts to contact
the Winner
within fourteen (14) days after the actual date of Winner selection.
Inability of Sponsor to contact any Winner, or return of
Sponsor emails
or prize notification as "undeliverable" for any reason, may result
in disqualification of such Winner and selection of an
alternative Winner
from among all remaining eligible entries. Winner, where permitted by
law, may be required by Sponsor to execute and return an Affidavit of
Eligibility and a Liability/Publicity Release (the
"Affidavit/Release"),
where legal, and/or a completed IRS W-9 form. (A Winner who is under
21 years of age may, in Sponsor's sole and absolute
discretion, be required
to have a parent or legal guardian execute his or her
Affidavit/Release
as well.) Noncompliance within seven (7) days of first notification
attempt by Sponsor, or inability or unavailability of
Winner to accept
a prize for any reason, may result in disqualification of such Winner
and selection of an alternative Winner from among all
remaining eligible
entries.
b. PRIZES: Ten (10) Winners will each be awarded one (1) Grand Prize,
which will consist of the following Columbia TriStar Home
Entertainment
DVDs: Black Hawk Down, The Guns of Navarone, The Bridge on the River
Kwai, From Here To Eternity, Casualties of War, Anzio, The Patriot,
Das Boot, A Midnight Clear. Approximate retail value ("ARV") of each
Grand Prize: US $207.56. Total ARV of all Grand Prizes: US $2,079.60.
c. ADDITIONAL TERMS AND CONDITIONS GOVERNING PRIZES: All
taxes (including
without limitation Federal, state, and local taxes) on or
in connection
with any prize, and the reporting consequences thereof, are the sole
and exclusive responsibility of Winner. No substitution of any prize
will be permitted, except that Sponsor reserves the right,
in its sole
discretion, to substitute with either the cash value of the
applicable
prize that would otherwise have been awarded, or a prize or prizes of
equal or greater value, in the event that (i) such prize is
unavailable,
or (ii) the Winner is unable to receive, accept, or assume
responsibility
for the prize for any reason, at Sponsor's sole discretion.
Except where
otherwise expressly noted in these Official Rules, the selection of
all vendors, prizes, products, and services is subject to Sponsor's
sole and absolute discretion.
4. DISQUALIFICATION/INELIGIBILITY: Without limiting any other
provision of these Official Rules, Sponsor reserves the right, at any
time and in its sole discretion, to disqualify and/or deem ineligible
to participate in this Sweepstakes or any future Sponsor sweepstakes
or other promotions, any individual it suspects: to be tampering with
the entry process or the operation of the Sweepstakes or Site; to be
in violation of the Site's Terms of Service, Privacy Policy, or other
terms, conditions, or guidelines]; to have failed to agree to these
Official Rules; to be in violation of these Official Rules;
to be acting
in bad faith, or in an unsportsmanlike or disruptive manner; or to be
annoying, abusing, threatening, or harassing any person or entity in
connection with the Sweepstakes or the Site. Furthermore,
Sponsor reserves
the right, in its sole and absolute discretion, to disregard and/or
deem VOID any or all of such entrant's entries in the
Sweepstakes. ANY
ATTEMPT TO DAMAGE THE SITE OR TAMPER WITH OR UNDERMINE THE LEGITIMATE
OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES
AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SPONSOR BELIEVE OR BECOME
AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE
MADE, SPONSOR
RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE
ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) TO THE FULLEST EXTENT
PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.
5. LICENSE: Where permitted by law Winner agrees to grant to
Sponsor, the Sweepstakes Entities, and their respective
licensees, affiliates,
and assigns, the right to print, publish, broadcast, and
use, worldwide
in any media now known or hereafter developed, including
without limitation
the World Wide Web, at any time or times, the Winner's name, likeness
(actual or simulated), voice (actual or simulated), and biographical
information as news or information and for advertising and
promotional
purposes without additional consideration; and further without such
additional compensation, appear for, or provide
biographical information
for use in, any presentation or other activity which may
include filming/audio/video/electronic
or other recordings and/or interviews, as may be determined from time
to time by Sponsor in its sole discretion.
6. RELEASE AND INDEMNIFICATION: BY ENTERING THE
SWEEPSTAKES, ENTRANTS
RELEASE AND HOLD THE SPONSOR (INCLUDING THE SWEEPSTAKES
ENTITIES) HARMLESS
FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS,
CLAIMS, AND ACTIONS
OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM
THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY
(INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SITE OF,
OR DISCONTINUATION
OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR
INDIRECTLY, FROM
ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED
IN CONNECTION
WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY,
DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY
RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
7. DISCLAIMERS; LIMITATION OF LIABILITY. The Sponsor
(including
Sweepstakes Entities) make no warranties or
representations, and hereby
disclaim any and all representations and warranties,
express or implied,
concerning any prize furnished or made available in connection with
the Sweepstakes. No responsibility is assumed by the
Sponsor (including
Sweepstakes Entities) for incorrect or inaccurate online or printed
information relating to the Sweepstakes (including
typographical errors);
any computer, telephone, cable, network, satellite, server, service
provider, Site, electronic, power, or Internet or other hardware or
software malfunctions, failures, connections, or availability; data
loss or late or incorrect data processing; Internet traffic
congestion;
service provider/Internet/Site inaccessibility,
unavailability, or malfunction;
garbled or jumbled transmissions; or unauthorized human intervention.
Although Sponsor attempts to ensure the integrity of the Sweepstakes,
Sponsor (including Sweepstakes Entities) are not responsible for the
actions of entrants or other individuals in connection with
the Sweepstakes,
including entrants' or other individuals' attempts to circumvent the
Official Rules or otherwise interfere with the
administration, security,
fairness, integrity, or proper conduct of the Sweepstakes.
Sweepstakes
Entities are not responsible for injury or damage to entrant's or to
any other person's computer(s), other equipment, or
person(s), related
to or resulting from participation in the Sweepstakes or downloading
materials from or using the Site. If, for any reason, the Sweepstakes
is not capable of running as planned by reason of computer
virus, worms,
bugs, tampering, unauthorized intervention, fraud,
technical limitations
or failures, strikes, industry conditions, bankruptcy or liquidation,
marketplace demands, applicable law, unforeseen obstacles,
or any other
causes which, in the sole opinion of Sponsor, could
corrupt, compromise,
undermine, or otherwise affect the administration,
security, fairness,
integrity, viability, or proper conduct of the Sweepstakes, Sponsor
reserves the right in its sole and absolute discretion to
modify these
Official Rules and/or to cancel, terminate, modify, or suspend all or
any part of the Sweepstakes, and to select a Winner from
among all eligible
entries received up to the time of such cancellation,
termination, modification,
or suspension, as applicable, in accordance with Section 3(a) above.
IN NO EVENT WILL THE SPONSOR (INCLUDING THE SWEEPSTAKES ENTITIES) BE
RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY
KIND, INCLUDING
WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE
DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE
SITE, THE DOWNLOADING
FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SITE, THE REMOVAL
FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR
THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING
FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION
IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES.
WITHOUT LIMITING
THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL
MATERIALS PROVIDED
ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
8. MISCELLANEOUS:
a. DATES AND DEADLINES: Because of the unique nature and scope of the
Sweepstakes, Sponsor reserves the right, in addition to those other
rights reserved herein, to modify any date(s) or
deadline(s) set forth
in these Official Rules or otherwise governing the Sweepstakes.
b. PRIVACY: Information submitted in connection with the Sweepstakes
will be treated in accordance with these Official Rules and Sponsor's
Privacy Policy (as may be amended from time to time); provided, that
in the event of any conflict between these Official Rules
and such Privacy
Policy, the terms and conditions of these Official Rules
shall prevail.
c. NON-ENDORSEMENT: The use of any non-Sponsor trademarks,
service marks,
logos, or other marks in connection with this Sweepstakes
or any prize
is not meant by Sponsor to imply the endorsement of the
respective owner(s)
of such marks, or any affiliation of the respective owner(s) of such
marks with the Site or the Sweepstakes.
d. SEVERABILITY; HEADINGS: If any provision of these Official Rules
is found to be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these
Official Rules and
shall not affect the validity and enforceability of any
remaining provisions.
Headings and captions are used in these Official Rules
solely for convenience
of reference, and shall not be deemed to affect in any
manner the meaning
or intent of these Official Rules or any provision hereof.
e. WINNER LIST: For a list of Winners (available by
August 31, 2002), visit http://www.sonypictures.com/cthe.
|