LRM Giveaway Official Rules
Official Rules 1. DESCRIPTION: NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING. VOID WHERE PROHIBITED. See Sections 4 and 5 below for more details.
2. SPONSOR: Latino Review Media. One Buckhead Plaza 3060 Peachtree Road NW, Suite 380, Atlanta, GA 30305
3. ELIGIBILITY: Giveaway is open to legal residents of the fifty (50) United States and Washington, D.C., who are at least eighteen (18) years of age or the age of majority in their primary state of residence at time of entry, and who have internet access before the beginning of any applicable Giveaway Period. Any individuals (including but not limited to employees, consultants, independent contractors and interns) who have, within the past six (6) months, held employment with or performed services for Sponsor or any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Giveaway are not eligible to enter or win. Immediate Family and Household Members of such individuals are also not eligible to enter or win. “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. “Household Members” shall mean those people who share the same residence at least three (3) months a year.
4. HOW TO ENTER: To enter, visit www.lrmonline.com during the Giveaway Period and leave an eligible response (as further detailed below) in the form section of the Captain America Giveaway page during the Giveaway Period. All other entries will be ignored or discarded and all eligible entries must be received by the end of the Giveaway Period. Entries will only be accepted during the applicable Giveaway Period. No other methods of entry will be accepted. Only one entry per prize will be accepted. All entries become the property of Sponsor and will not be returned. Sponsor assumes no responsibility for lost, stolen, illegible, incomplete, incorrect, late or misdirected entries, or other errors or problems of any kind whether mechanical, human, or electronic. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Use of any false information will disqualify an entry. By entering, entrants accept and agree to abide by the terms of these official rules (these “Official Rules”). Proof of submission of entry shall not be deemed proof of receipt by the website administrator. The website administrator’s computer will be deemed the official time keeping device for the Giveaway Period.
As used herein, (“Content”) refers to all content you submit in connection with the promotion (e.g., the status update). Content will not be judged.
5. WINNER SELECTION AND NOTIFICATION: Winner will be selected in a random drawing conducted by the Editor in Chief from all eligible entries on or about August 14, 2016. Prize winner will be notified thereafter on or about the same day. Selected winner will be required to respond (as directed) to the notification within seventy-two (72) hours (or a shorter time if required by exigencies) of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize. Notification is deemed to have occurred immediately upon sending of an e-mail by Editor in Chief If any prize winner is not available to participate, deemed ineligible, or disqualified for any reason whatsoever as specified herein, Sponsor in its sole discretion may attempt to contact up to four (4) potential winners from among the eligible entries in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected. Winner may be required to verify address and to execute before a notary public and return within five (5) days (or a shorter time if required by exigencies) an affidavit of eligibility, a liability release, and (where imposing such condition is legal) a publicity release (collectively, the “Prize Claim Documents”) covering eligibility, liability, advertising, publicity and media appearance issues. Prize will not be awarded until all such properly executed and notarized Prize Claim Documents are returned. Prize(s) won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents, if any. By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Giveaway; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with the rules, then you will be disqualified; and (e) the potential winner must be available to participate when applicable in any portion to the Giveaway that participation may be required to be considered eligible.
One (1) winner will be randomly selected from all eligible entries to receive:
1 Funko Pop The Walking Dead Teddy Bear Girl Signed by Addy Miller
1 8 x 10 Photo of The Walking Dead Bicycle Girl Signed by Melissa Cowan
The prize package has a total estimated retail value of: USD $40. The difference in value of prize as stated herein and value at time of prize notification, if any, will not be awarded. Winner will be responsible for any and all federal, state and/or local taxes resulting from acceptance of the prize. Prize winner cannot assign or transfer the prize to another person. No cash or prize substitution is allowed except at the discretion of Sponsor. The prize will be awarded. If the prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value will be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in Sponsor’s sole discretion. Other restrictions may apply. Winner is responsible for all taxes and fees associated with prize receipt and/or use, if any. EXCLUDING ONLY APPLICABLE MANUFACTURERS’ WARRANTIES, THE PRIZE PROVIDED TO THE WINNER ARE “AS IS” WITHOUT FURTHER WARRANTY OF ANY KIND. SPONSOR DISCLAIMS ALL FURTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRIZES.
7. CONSUMER POSTED CONTENT: Entrants represent and warrant that their Content is the original work of such entrant, it has not been copied from others, it has not previously won awards, it does not violate the rights of any other person or entity, and publication of the Content via various media including Web posting will not infringe on the rights of any third party. Any Entrants indemnify and hold harmless, Released Parties from any claims to the contrary. Multiple participants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods may void that entrant’s entries and that entrant may be disqualified, in Sponsor’s discretion. Use of any automated system to participate is prohibited and may result in disqualification, in Sponsor’s discretion. In the event of a dispute as to any registration, the authorized account holder of the email account used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the email account. Each potential winner may be required to show proof of being the email account holder. By submitting Content, you agree that your Content is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. All Content submitted by you must conform to the additional submission requirements set forth herein: (1) Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; (2) Content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (3) Content cannot be obscene or offensive, endorse any form of hate or hate group; (4) Content cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (5) Content cannot infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, or contain any personal identification other than entrants; (6) Content cannot infringe copyrighted materials owned by others; (7) Content cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and (8) Content cannot depict, and cannot itself, be in violation of any law.
8. CONDITIONS OF PARTICIPATION/RELEASES: Giveaway is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. By participating in this Giveaway and/or by accepting any prize that they may win, entrants agree to release, hold harmless, and indemnify the Sponsor, Prize Provider and their respective parent, subsidiary and affiliated companies, units and divisions and advertising and promotional agencies and prize suppliers; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals’ respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of from participation in this Giveaway and/or acceptance or use of the prize. The Sponsor will retain the entrant’s personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these rules have been complied with, and for accounting purposes. By participating, entrants authorize the Released Parties to use their name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner’s list, if applicable, without further compensation, unless prohibited by law. Entrants also grant the Released Parties a perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world their entry materials in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of the Released Parties and/or their respective services, all without further consent from or payment to you. The Released Parties are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Giveaway; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Giveaway. The Released Parties disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Giveaway, and reserves the right, in their sole discretion, to cancel, modify or suspend the Giveaway should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper play of the Giveaway. The Released Parties may prohibit you from participating in the Giveaway or winning a prize if, in their sole discretion, they determine you are attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or the Released Parties representative. This Giveaway will be governed by the internal laws of the State of California, without reference to conflicts of laws principles. You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts situated in San Francisco County, California in connection with any action arising under or by reason of the Giveaway. Any controversy or claim arising out of or relating to a Sponsor’s Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS GIVEAWAY IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
10. ALL RIGHTS RESERVED: Sponsor reserves the right to terminate this promotion by giving notice as deemed appropriate in Sponsor’s sole discretion. Should such notice be given, the promotion shall terminate at 11:59:59 p.m. PDT on the following day thereafter. Notwithstanding said termination, the prizes will be awarded as set forth in these Official Rules.
12. Prize Winner List: For the list of prize winners, or a copy of these Official Rules, mail a self-addressed, stamped envelope to: “Captain America 75th Anniversary Giveaway” Winners List or Rules, Attn: Legal Department, 3060 Peachtree Road NW Suite 380, Atlanta, GA 30305 (VT residents may omit return postage).