Find the Fresh Tomato! Giveaway - Official Rules

by | July 25, 2014 | Comments


NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

VOID WHERE PROHIBITED BY LAW. OPEN TO U.S. RESIDENTS ONLY. MUST BE 18 YEARS OF AGE OR OLDER TO ENTER. ENTRANTS WHO ARE NOT OF LEGAL AGE OF MAJORITY IN THEIR STATE OF RESIDENCE (“MINOR“) MUST HAVE THEIR PARENTS’ OR LEGAL GUARDIANS’ (“PARENT“) CONSENT TO PARTICIPATE IN THE GIVEAWAY AND SUCH ENTRY WILL BE DEEMED TO HAVE BEEN SUBMITTED BY THE PARENT.

USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS GIVEAWAY. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS OR HARM ANYONE?S PROPERTY.

BY ENTERING (OR OTHERWISE PARTICIPATING) IN THIS GIVEAWAY PARTICIPANTS VERIFY THAT THEY AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE PARTICIPATING.

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TUMBLR.

1. SPONSOR



Flixster, Inc., 208 Utah St. Ste 450 San Francisco, CA 94103 (“Sponsor“). “Sponsor and its agents” shall mean Flixster, Warner Bros. Home Entertainment Inc. (“WBHEI“) and its advertising/promotional and/or fulfillment agencies and their respective parent companies, affiliates, subsidiaries and their respective employees, officers, directors and agents. For the purposes of this Sweepstakes, WBHEI is the sweepstakes administrator (“Sweepstakes Administrator“).

2. ELIGIBILITY



This Giveaway is (1) open to legal residents in the 50 United States and the District of Columbia who are 18 years of age or older, and who are registered members, in good standing, of Tumblr.com (“Tumblr“); (2) void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions and wherever prohibited or restricted by law; and (3) subject to all applicable federal, state and local laws. Entrants who are not of the legal age of majority in their state (“Minor“) must have their parents’ or legal guardians’ (“Parent“) consent to participate in the Giveaway and such entry will be deemed to have been submitted by the Parent. Employees and consultants of Flixster, Inc. including Rotten Tomatoes and Warner Bros. Home Entertainment Inc. and its respective parent company, affiliates, subsidiaries, divisions, and advertising and promotional agencies and their respective officers, directors and agents (collectively, the “Giveaway Entities“) and the immediate family members and persons living in the same household of each are not eligible to enter or win.

3. DATES OF ENTRY



There will be two Giveaway periods. The first will be held on July 25, 2014, from 1:30 p.m to 2:15 p.m. Pacific Time (“PT”) and the second Giveaway period will be held on July 26, 2014, from 3:00 p.m. to 4:00:00 p.m. PT (each, a “Giveaway Period“).

4. HOW TO ENTER


To participate, you must have a Tumblr account. Membership on Tumblr is free and registration can be obtained by going to Tumblr.com and following the online instructions to open an account. If you already have a Tumblr account, log on using your Tumblr user name and password. Any personal information supplied to Tumblr by any participant will be subject to Tumblr’s privacy policy which can be located at: https://www.tumblr.com/policy/en/privacy and Tumblr’s terms of service located at: https://www.tumblr.com/policy/en/terms-of-service. If you choose to access via a mobile Tumblr account, standard charges and text messaging rates by your mobile carrier may apply, and you may receive reply messages via text by Sponsor. To stop these messages, please check and adjust your settings on your mobile phone. Sponsor is not responsible for any charges related to messages made by you or received via mobile phone.

Next, search for rottentomatoes.tumblr.com (“Relevant Tumblr Feed“) and keep an eye out for the location clues (“Location Clues”) to help you find the live (in costume) tomato (“Fresh Tomato”). Each person to find the Fresh Tomato on the floor or in the vicinity of San Diego Comic Con Convention during the days and hours of the Giveaway Periods may receive a Giveaway Item from the Fresh Tomato. The Entrant must use the secret phase to receive the Giveaway item. The secret phrase is, “The Fresh Tomato is People.” Selection and approximate retail value (“ARV”) of Giveway items may vary and are subject to availability during the Giveaway Period.

By participating, 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) will be disqualified. Sponsor and its agents are not responsible 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 during the Giveaway Period. Sponsor reserves the right to modify the scheduling of the Giveaway without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Giveaway 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 Tumblr account is registered.

5. GIVEAWAY ITEMS

One (1) Giveaway Item per participant who provides the Fresh Tomato with the correct phrase (“Winning Participant”). Selection and approximate retail value (“ARV”) of Giveway Items may vary and are subject to availability during the Giveaway Period.

Drax by Phantom City Creative Poster

24″ x 36″

ARV: $45.00

Batman Classic TV Series: Utility Belt by Mattel

ARV: $125.00

Batman Arkham Origins: Collector’s Edition (XBOX 360)

ARV: $100

2 Superman Variant 1:6 Scale Statues by DC Collectibles

ARV:$399.98

4 Copies of The Lego Movie Videogame (2 PS4; 2 XBOX360)

ARV: $159.96

Batman Arkham Origins XBOX 360

ARV: $29.99

Injustice: Gods Among Us (PS3)

ARV: $19.99

5 Superman 75 Promotional Hats

ARV:$125.00

Deathblow: Deluxe Edition Hardcover

ARV: $24.99

Deathstroke Vol. 2: Lobo Hunt

ARV: $19.99

Dial H Vol. 2: Exchange

ARV: $16.99

Secret Society of Supervillians

ARV: $19.99

Talon Vol. 1: Scourge of the Owls

ARV: $13.99

Green Arrow: Vol. 3 – Harrow

ARV: $14.99

Red Hood and the Outlaws Vol. 2: The Starfire

ARV: $14.99

John Constantine, Hellblazer – Death and Cigarettes

ARV: $19.99

Batman and Robin Vol. 2: Pearl

ARV: $16.99

Worlds’ Finest Vol. 2: Hunt and Be Hunted

ARV: $14.99

Catwoman Vol. 3 – Death of the Family

ARV: $16.99

Green Lantern Vol. 2: The Revenge of the Black Hand

ARV: $16.99

BBC America Dr. Who 11th Doctor Mr. Potato Head

ARV: $25

BBC America Dr. Who Dalek Mr. Potato Head

ARV: $25.00

BBC America Dr. Who Women’s t-shirt

ARV: $20.00

BBC America Dr. Who Men’s t-shirt

ARV: $20.00

6. GIVEAWAY ITEM CONDITIONS

One (1) Giveaway Item per Winning Participant. Selection and specifics of all Giveaway items (each a “Giveaway Item” or collectively, the “Giveaway Items”) will be determined in the Sponsor’s sole discretion. All Giveaway Items are subject to availability during the Giveaway Period. No cash redemption or Giveaway Item substitution allowed, except by the Sponsor, who reserves the right in its sole discretion to substitute cash value or another Giveaway Item it believes is of equal or greater value. All Giveaway Items are non-transferable. Any Giveaway Items remaining after the Giveaway Period will not be awarded. To claim a Giveaway Item, a participant is required to meet all eligibility requirements and provide the Fresh Tomato the correct phrase. All Giveaway Items are provided “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 Giveaway Items are 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 Giveway Item. Sponsor reserves the right to not award all Giveaway Items if, in its sole discretion, it does not receive a sufficient number of eligible and qualified participants.

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 each participant that receives a Giveaway Item. Participants that receive a Giveaway Item may be issued a 1099 tax form for the ARV of their Giveaway Item. Any additional expenses not included in the Giveaway Item are the sole responsibility of the participant that received the Giveaway Item.

8. GENERAL CONDITIONS

By participating in this Giveaway, participants agree: (a) to be bound by these Official Rules, the decisions of the judges, and Sponsor’s Privacy Policy (https://www.flixster.com/docs/privacy/); and (b) to release and hold harmless Sponsor, Tumblr, Inc., and the Giveaway Entities and their respective agents from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, or related to their participation in the Giveaway and/or their participation in any Giveaway Item-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Sponsor reserves the right to make changes or additions to these Official Rules of this Giveaway for any reason at any time. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

9. RIGHT TO DISQUALIFY

Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected; if the individual fails to comply with any requirement of participation or with any provision in these Official Rules; if the individual?s behavior or communication at any point is disruptive, may or does cause damage or to any person, property, or reputation of Sponsor, or is otherwise not in accordance with all applicable laws and generally accepted social practices as determined in Sponsor?s sole discretion.

10. PRIVACY

All personal information that may be collected by Sponsor will be used for administration of the Giveaway and in accordance with Sponsor’s privacy policy only. Any questions regarding privacy matters should be directed to Sponsor by sending an email to privacy@flixster-inc.com. Please refer to Sponsor’s privacy policy located at https://www.flixster.com/docs/privacy/ for important information regarding the collection, use, and disclosure of personal information by Sponsor.

11. CAUTION

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE GIVEAWAY 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.

12. DISPUTES

Each Entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Giveaway, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in Los Angeles County, California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, 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 Giveaway 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. PUBLICITY

By accepting a Giveaway Item, unless prohibited by law, Winning Participant consents that Sponsor may use the Winning Participant’s name, statements, photograph, likeness (including without limitation, his/her voice, biographical information, city and state of residence), the Winning Participant’s hometown and biographical information, statements concerning the Giveaway, or Sponsors’ products without further compensation or notice for purpose of Sponsor’s advertising, promotion, and merchandising purposes without additional compensation or prior approval, and grant all rights to edit or modify and to publish and copyright it.

14. NO AFFILIATION WITH TUMBLR

The Giveaway is in no way sponsored, endorsed or administered by, or associated with Tumblr. Any questions, comments, or complaints regarding the promotion should be directed to Sponsor at: customerservice@wb.com, not to Tumblr.


© Flixster, Inc.

TM & © Warner Bros. Entertainment Inc.

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