Funko Pop! The Walking Dead Prize Pack - Rules and Regulations

by | October 9, 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 13 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 SWEEPSTAKES AND SUCH ENTRY WILL BE DEEMED TO HAVE BEEN SUBMITTED BY THE PARENT.

BY ENTERING (OR OTHERWISE PARTICIPATING) IN THIS SWEEPSTAKES ENTRANTS VERIFY THAT THEY AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU, A CLASS ACTION WAIVER, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER. A TWITTER ACCOUNT IS REQUIRED FOR ENTRY.

1. SPONSOR



Flixster, Inc. 208 Utah St, Ste 450, San Francisco, CA 94103 (“Sponsor“). “Sponsor and its agents” shall mean Sponsor, its advertising/promotional and/or fulfillment agencies, and their respective parent companies, affiliates, subsidiaries and their respective employees, officers, directors and agents.

2. ELIGIBILITY



This Sweepstakes is (1) open to legal residents in the 50 United States and the District of Columbia who are 13 years of age or older, and who are registered members, in good standing, of Twitter.com (“Twitter“); (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 Sweepstakes 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. Entertainment Inc. and its respective parent company, affiliates, subsidiaries, divisions, and advertising and promotional agencies and their respective officers, directors and agents (collectively, the “Sweepstakes 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

This Sweepstakes begins at 12:00:01 p.m. Pacific Time (“PT”) on October 12, 2014 and ends at 11:59:59 p.m. PT on October 13, 2014 (the “Sweepstakes Period“).

4. HOW TO ENTER


First, register at Twitter.com for your Twitter account. Membership on Twitter is free and registration can be obtained by going to Twitter.com and following the online instructions to open an account. If you already have a Twitter account, log on using your Twitter user name and password. Any personal information supplied to Twitter by any participant will be subject to Twitter’s privacy policy which can be located at: http://twitter.com/privacy and Twitter’s terms of service located at: https://twitter.com/terms. If you choose to enter via a mobile Twitter 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 tweets made by or messages received via mobile phone.

Next, follow @Rottentomatoes (“Relevant Twitter Feed“) and retweet the marketing “tweet” calling for entries identified by the designated hashtag #RTTWD #Sweepstakes (“Qualified Tweet“). One (1) Qualified Tweet, per person is allowed during the Sweepstakes Period and gets you an entry into the Sweepstakes (“Entry” or “Entries“). If more than one (1) Entry per person is received during the Sweepstakes Period, all additional Entries will be voided by Sponsor. Entrant’s Twitter account must not be in “protected mode” or the tweet will not count as a Qualified Tweet and Entrant will not be entered in the Sweepstakes.

By entering, 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) are void. Sponsor and its agents are not responsible for lost, late, or misdirected Entries, 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 the receipt or processing of the Entries. Proof of entering information at Website does not constitute proof of delivery or receipt. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Sweepstakes 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 Twitter account is registered on the date the Entry is submitted. All Entries become the sole property of the Sponsor and will not be acknowledged or returned.

5. POTENTIAL WINNER SELECTION AND NOTIFICATION

Qualified entries will be determined by Sponsor, in its sole discretion. Winner will be selected from among all qualified entries received during the Sweepstakes Period, according to Sponsor’s time clock, in a random drawing on or about October 14, 2014 at approximately 12:00p.m. PT by Sponsor or its designee, the judge of the Sweepstakes, whose decisions are final and binding on all matters relating to the Sweepstakes (“Potential Winner“). Entrants need not be online during Potential Winner selection to win. Potential Winner will be notified from Sponsor’s direct e-mail account on Twitter to the Potential Winner’s account of the winning entry (“Prize Notification“). Either Potential Winner or if Potential Winner is an eligible minor, a parent or legal guardian of Potential Winner, must provide by Twitter direct e-mail within twenty-four (24) hours of the date of the Prize Notification (the “Deadline“), his/her full name, date of birth, and mailing address (“Information“) where Sponsor can send the Prize. The mailing address must be a street address (no P.O. boxes). If a Potential Winner does not provide the Information in response to the Prize Notification by the Deadline, he/she will be disqualified and an alternate Potential Winner will be selected from all eligible entries received for the original drawing. Potential Winners (or their Parent if Potential Winner is a Minor) may be required to complete, sign, and return to Sponsor, an Affidavit of Eligibility and Liability/Publicity Release and a W-9 form. Once Sponsor receives a Potential Winner’s Mailing Information and if required by Sponsor, a completed and signed Affidavit of Eligibility and Liability/Publicity Release, Sponsor shall declare that Potential Winner is a winner (“Winner“). If an Affidavit of Eligibility and Liability/Publicity Release, and W-9 form are not required by Sponsor, which shall be determined in Sponsor’s sole discretion, a Potential Winner will be named as a Winner upon Sponsor’s receipt of the Mailing Information via email by the Deadline. Sponsor is not responsible for any failure of delivery of the Prize Notification through use of Twitter’s response functionality described in this Section 5. Return of any Prize Notification or Prizes will result in disqualification, and an alternate Potential Winner will be selected in a random drawing from all remaining eligible entries received for the original drawing. Sponsor shall repeat the winner selection and notification procedures set forth in this Section 5 until a qualified Winner has been selected, if time permits.

6. PRIZES AND ODDS OF WINNING

One (1) grand prize winner (“Grand Prize Winner“) will receive the following:

  • One (1) Funko Pop! “The Walking Dead: Rick Grimes” Vinyl Figure
  • One (1) Funko Pop! “The Walking Dead: Daryl” Vinyl Figure
  • One (1) Funko Pop! “The Walking Dead: Michonne” Vinyl Figure
  • One (1) Funko Pop! “The Walking Dead Bicycle Girl” Vinyl Figure
  • One (1) Funko Pop! “RV Zombie Walker” Vinyl Figure

Total Approximate Retail Value (“ARV“) of the Grand Prize is: $59.95

Odds of winning depend on the number of eligible Entries received. Each Entry will have an equal chance of winning.

7. PRIZE CONDITIONS

Selection and specifics of all prizes (each a “Prize” or collectively, the “Prizes“) will be determined in the Sponsor’s sole discretion. All Prizes are subject to availability. No cash redemption or prize substitution allowed, except by the Sponsor, who reserves the right in its sole discretion to substitute cash value or another prize it believes is of equal or greater value. All Prizes are non-transferable and will be awarded. To claim a Prize, an Entrant may be required to provide their correct full-name, mailing address, telephone number and/or e-mail address. Each Entry will have an equal chance of winning. There is a limit of one Prize per person. 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). Acceptance, participation in and/or use of the Prizes 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 prize. Sponsor reserves the right to not award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.

8. 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 Winner. Winners may be issued a 1099 tax form for the ARV of their Prizes. Any additional expenses not included in the Prizes are the sole responsibility of the Winner.

9. GENERAL CONDITIONS

By participating in this Sweepstakes, participants agree: (a) to be bound by these Official Rules, the decisions of the judges, and Sponsor’s Privacy Policy (http://www.rottentomatoes.com/privacy/); (b) to release and hold harmless Sponsor, Twitter, Inc., and the Sweepstakes 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 Sweepstakes and/or their participation in any Prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)); and (c) to be contacted by Sponsor via Twitter or e-mail. Sponsor reserves the right to make changes or additions to these Official Rules of this Sweepstakes 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.

10. INTERNET

If for any reason the Sweepstakes is not capable of running as planned, including infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right to disqualify any individual it finds who tampers with the entry process, operation of the Sweepstakes or Twitter’s Website (“Website“), and to cancel, terminate, modify, or suspend the Sweepstakes without notice and to select the winner from all eligible Entries in a random drawing received prior to the cancellation or termination. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or Entry to be received by Sponsor on account of human error, technical problems or traffic congestion on the Internet or at any website, theft or destruction, or unauthorized access to, or tampering with or hacking of the Website, any combination thereof, or otherwise, including any injury or damage to any Entrant’s or any other person’s computer related to or resulting from participation in the Sweepstakes.

11. PRIVACY

All personal information that may be collected by Sponsor will be used for administration of the Sweepstakes 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 http://www.rottentomatoes.com/privacy/ for important information regarding the collection, use, and disclosure of personal information by Sponsor.

12. 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 SWEEPSTAKES 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.

13. DISPUTES

Each Entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, 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 Sweepstakes, 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 Sweepstakes 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.

14. PUBLICITY

By accepting the Prize, unless prohibited by law, Winner consents that Sponsor may use the Winner’s name, statements, photograph, likeness (including without limitation, his/her voice, biographical information, city and state of residence), the Winner’s hometown and biographical information, statements concerning the Sweepstakes, 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.

15. WINNER’S LIST/OFFICIALRULES

For a Winners List or a copy of the Official Rules, please send a self-addressed stamped envelope to: “Funko Pop! The Walking Dead Prize Pack” Winner’s List/Official Rules, c/o Rotten Tomatoes, 3601 West Olive Avenue, Suite 600, Burbank, California 91505 to be received no later than November 20, 2014. VT residents need not affix return postage.

© 2014 Flixster, Inc.

TM & © Warner Bros. Entertainment Inc.

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