ARCHAIA ENTERTAINMENT, LLC
“@Archaia Book-A-Day Giveaway”
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASING WILL NOT INCREASE YOUR ODDS OF WINNING. VOID WHERE PROHIBITED. YOU DO NOT HAVE TO BE PRESENT TO WIN
SPONSOR: The “@Archaia Book A Day Giveaway” (the “Sweepstakes”) is sponsored by Archaia Entertainment, LLC, 1680 N. Vine Street, Suite 1010, Los Angeles, California 90028 (the “Sponsor”).
HOW TO ENTER:
Individuals who do both of the following will be automatically entered into the Sweepstakes (each an “Entry”): 1) follow Sponsor (@Archaia) on Twitter; and 2) reTweet Archaia’s daily Sweepstakes Tweet prior to 5:00 p.m. (Pacific Standard Time) on the applicable Sweepstakes Day (as defined herein). Archaia will Tweet a daily Sweepstakes Tweet every Sweepstakes Day at or around 9:00 a.m. (PST). Limit one (1) Entry per person/per Twitter account/per day.
Your automatic entry constitutes your consent to participate in this Sweepstakes and your consent for Sponsor and the Released Parties (as defined herein) to obtain, use & transfer your name, address & other information for the purpose of administering the Sweepstakes. Sponsor is not responsible for lost, incomplete, illegible, late, or inaccurate Entry information, mutilated Entries, hardware, software, or other technical malfunctions of any kind. Sponsor reserves the right, in its sole discretion, to void any and all Entries of a participant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Sweepstakes, including creating multiple Twitter accounts, or to cancel the Sweepstakes if a computer virus or other cause beyond Sponsor’s control corrupts the administration, proper play or security of this Sweepstakes. All Entries become the exclusive property of Sponsor and will not be acknowledged or returned, or any portion thereof.
CONTEST PERIOD/DEADLINES: This Sweepstakes will begin at 9:00 a.m. (PST) on October 28, 2011 and end at 5:00 p.m. (PST) on December 31, 2011.
ELIGIBILITY: Participation constitutes full and unconditional agreement to, and acceptance of, these Official Rules. This Sweepstakes is only open to persons 13 years of age or older who are legal residents of the fifty United States and the District of Columbia and exempts employees, officers, and directors of the Sponsor and their respective parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, their immediate family members and persons living in their same household (“Participants”). Each Participant must be a Follower (as defined herein) of Archaia on Twitter. In order to be deemed a “Follower,” individuals must begin following Sponsor by 5:00 p.m. (PST) on the applicable Sweepstakes Day. This Sweepstakes is subject to all applicable federal, state, & local laws & regulations. Void where prohibited.
SELECTION WINNER: One (1) winner per Sweepstakes Day will be selected in a random drawing from all eligible Entries (the “Winner”). The random drawing will be held anytime after 6:00 p.m. (PST) by a duly authorized representative of Sponsor every other day during the term of the Sweepstakes excluding weekends (Saturdays and Sundays), major holidays and the day after Thanksgiving (for example, if, during week 1, Monday, Wednesday and Friday are Sweepstakes Days, then during week 2, Tuesday and Thursday will be Sweepstakes Days) (each a “Sweepstakes Day”). Sponsor’s decisions regarding eligibility under the terms of these Official Rules are final and binding. YOU DO NOT NEED TO BE PRESENT AT THE DRAWING TO WIN.
Winner must submit his/her name, address, and e-mail address in a direct message to @Archaia within twenty-four (24) hours of notification that he/she is the Winner. The Winner will be required to sign and return an Affidavit of Eligibility/Liability and a Publicity Release (collectively, “Release”) (where legal) within seven (7) days of electronic or mail notification. Failure to return these documents in the time permitted, or if the notification is returned as undeliverable, will result in disqualification of the Entry and an alternate Winner will be selected by Sponsor from the remaining Entries. If Winner is considered a minor in his/her jurisdiction of residence, Liability/Public Release must be signed by his/her parent or legal guardian and such Prize (as defined below) will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian. No substitution, barter, transfer, or assignment of the Prize is permitted.
PRIZES/ODDS: Each Winner will receive one (1) graphic novel, the title of which will be set forth in the daily Sweepstakes Tweet (“Prize”). The retail value of each Prize ranges from $13 to $34.95 and all costs of shipping will be paid for by Sponsor. Submitting an Entry does not mean that you have won a Prize. Deadlines are identified under ‘How To Enter.’ Odds of winning depend upon the total number of eligible Entries in the Sweepstakes. It is expressly understood that Sponsor is under no obligation to the Winners other than as expressly set forth herein. The Winners are solely responsible for all federal, state and local taxes and fees associated with the receipt of a Prize. No substitutions or cash equivalents will be offered or awarded. If a Prize is unavailable, Sponsor reserves the right to substitute a prize of equal or greater value. All unspecified expenses are the responsibility of winner. Delivery of prizes requires a street address (no P.O. Boxes).
NOTIFICATION: Winners will be notified via direct message on Twitter prior to 11:59 p.m. (PST) on the applicable Sweepstakes Day.
PROMOTION RELEASE: By participating in this Sweepstakes, and in addition to any other grants which may be granted in any other agreement entered into with the Winner of the Sweepstakes, entrants participating in this Sweepstakes irrevocably transfer, grant and assign to the Sponsor, its respective affiliates, successors, assigns, and licensees (and unless prohibited by law), the right worldwide and in perpetuity, to use your name, likeness, voice, photograph, biographical information and/or any statements made regarding the Sweepstakes or Sponsor in any and all media for any advertising and promotional purposes without additional compensation, as well as on the Sponsor’s websites in connection with this Sweepstakes and other Sponsor promotions, including transmitting such promotional information and general communications via your e-mail address, and you hereby release Sponsor, and any entity acting on behalf of Sponsor, from any liability with respect thereto.
RELEASE OF LIABILITY: By participating in this Sweepstakes, you agree that Sponsor, its respective affiliates, employees, officers, directors, shareholders, agents, representatives, successors, assigns, agencies and licensees (“Released Parties”) shall not be liable directly, or indirectly, for any personal injury, death, loss or damage of any kind and claims based on publicity rights, defamation, or invasion of privacy resulting from participating in this Sweepstakes or from the acceptance or use of the Prize awarded. Any dispute shall be resolved individually without resort to any form of class action. Sponsor is not responsible if any act of God, acts of war, natural disasters, weather or acts of terrorism prevent the Sweepstakes from taking place or any Prize from being awarded. Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way, shall be disqualified.
WINNER’S LIST. For a list of the Winners’ names, send a self-addressed, stamped envelope to: Archaia Entertainment, LLC, 1680 N. Vine Street, Suite 1010, Los Angeles, California 90028. Attn: @Archaia Book-A-Day Giveaway.
ADDITIONAL TERMS: In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the Twitter account on the Sweepstakes Day. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the Twitter account associated with the winning entry. Any other attempted form of entry is prohibited; no programmed; robotic or similar means of entry are permitted. Released Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor may select the winner from all eligible Entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or Site. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100.00 WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
DISPUTES; GOVERNING LAW. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, City of Los Angeles.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Los Angeles in the State of California. The parties agree not to raise the defense of forum non-conveniens.
©Copyright 2011 Archaia Entertainment, LLC. The Archaia Entertainment, LLC logos are registered trademarks of Archaia Entertainment, LLC. Entrants are hereby authorized to copy these Official Rules on the condition that it will be for the entrant’s personal use and not for any commercial purpose whatsoever.