AMC's WHERE'S MERLE SWEEPSTAKES Official Rules 2011
Internet Access And A Twitter Account Required. Twitter Is Not A Sponsor Of This Promotion. No Purchase Necessary To Enter Or Win. A Purchase Of Any Kind Will Not Increase Your Chances Of Winning. Void Where Prohibited.
1. Sweepstakes Period: AMC’s Where’s Merle Sweepstakes (the “Sweepstakes”) begins at 05:30:01 pm Pacific Time (“PT”) on 7/20/11 and ends at 11:59:59 pm PT on 8/1/11 (the “Sweepstakes Period”). On or about 8/2/11, a random drawing will be held, from among all eligible entries received throughout the Sweepstakes Period, to select one (1) potential Grand Prize winner, and ten (10) potential Runner-Up Prize winners.
2. Eligibility: The Sweepstakes is open only to legal residents of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the U.S. Virgin Islands and other United States territories), who are at least twenty-one (21) years old as of the date of their entry. Employees of American Movie Classics Company LLC (“Sponsor”), Bottlerocket Marketing Group, LLC (“Administrator”) and any of Sponsor’s or Administrator’s respective affiliates, parents, subsidiary companies, or advertising and promotion agencies (collectively the “Sweepstakes Entities”) and members of their immediate families (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside), and/or those living in the same household of each (whether or not related thereto) are not eligible to enter or win the Sweepstakes. Void everywhere else outside the U.S. or where otherwise prohibited or restricted by law. Sweepstakes is subject to federal, state, local and municipal laws. By entering the Sweepstakes, participants are bound by and agree to these Official Rules, and the decisions of Sponsor and Administrator, which are final and binding.
3. How to Enter: Internet access and a Twitter account is required to enter. There are two (2) possible ways to enter the Sweepstakes. There is a limit of one (1) entry per person, regardless of email address, Twitter account, or method of entry used, throughout the entire Sweepstakes Period. Entries received from any person in excess of the stated limitation will be void. The computer clock of the webmaster hosting the Sweepstakes is the official timekeeping device for the Sweepstakes. All entries become the property of Sponsor and will not be returned, and Sponsor will not verify receipt of entries. All entries must comply with these Official Rules and meet the Submission Guidelines detailed herein. Each entrant is solely responsible for any and all uses of his/her registered Twitter account.
- a. Entry Method #1: During the Sweepstakes Period, to receive one (1) entry into the Sweepstakes, visit The Walking Dead Booth (#3721) (the “Booth”) inside the Comic Con 2011 convention hall, and take a photo of yourself and Merle at the Booth (there will be a “Merle” standee or dummy at the Booth). Then, you must follow @WalkingDead_AMC on Twitter, and tweet a link to the photo of yourself and Merle along with the hashtag #WheresMerle.
- b. Entry Method #2: To receive one (1) entry into the Sweepstakes, take a photo of yourself. Then, you must follow @WalkingDead_AMC on Twitter, and tweet a link to the photo of yourself along with the hashtag #WheresMerle.
4. Submission Guidelines: "Grand Prize": Each entry that is submitted to the Sweepstakes must comply with these Official Rules and the following Submission Guidelines. Any entry that, in Sponsor’s sole and absolute discretion, violates these Official Rules or the Submission Guidelines below will be disqualified and/or will not be eligible to win a prize. By submitting an entry, entrant warrants and represents that he/she is the identifiable person featured in the entry, and such entrant grants Sponsor permission to use his/her name, likeness, and photograph, for future advertising and publicity purposes in connection with this Sweepstakes in any and all media without additional compensation, notification or permission, unless restricted by law.
The submitted entry must NOT, in the sole discretion of Sponsor:
- Contain material that violates or infringes upon another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- Disparage Sponsor, Sponsor’s competitors, or any other person or party affiliated with the Sweepstakes;
- Contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use for this Sweepstakes;
- Contain other identifiable human beings, other than entrant;
- Contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- Contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- Contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where entry is created;
6. Prizes and Approximate Retail Values (“ARV”): One (1) Grand Prize: a 3-Day/2-Night trip, for the Grand Prize winner and one (1) guest, to Los Angeles to visit KNB EFX Group where the Grand Prize winner only will have the opportunity to receive a custom face cast and exclusive hand rendered silicone bust of themselves as a zombie, created by Greg Nicotero or a representative from his team. This Grand Prize package consists of (a) round-trip coach class air transportation for the Grand Prize winner and one (1) guest from a major U.S. gateway airport near the Grand Prize winner’s home (as determined by Sponsor), to a major U.S. gateway airport near Los Angeles (as determined by Sponsor); (b) two (2) nights double occupancy standard hotel accommodations at a hotel of Sponsor’s selection; (c) five hundred dollars ($500) for the Grand Prize winner only, to cover transportation and incidentals while on the trip; and (d) one (1) special edition The Walking Dead season 1 DVD set and a copy of the limited edition Tim Bradstreet poster. ARV of the entire Grand Prize package is six thousand and five hundred dollars ($6,500). “Runner-Up Prizes” (10): Each Runner-Up Prize winner will receive one (1) special edition The Walking Dead season 1 DVD set and a copy of the limited edition Tim Bradstreet poster. ARV of each Runner-Up prize is sixty-five dollars ($65).
7. General Rules: The total ARV of all Sweepstakes prizes is seven thousand one hundred and fifty dollars ($7,150). All prize details, including but not limited to all details of the visit to KNB EFX Group and face cast and silicon bust, are at Sponsor’s sole discretion and also subject to KNB EFX Group’s employees schedules. If for any reason (due to fault of winner, guest, Sweepstakes Entities, or other) any portion of the Grand Prize (i.e. the visit and takeaways from KNB EFX Group) is unable to take place as planned, for any other reason, including but not limited to, cancellation, scheduling conflict, or an event of force majeure, such portion of the prize will be forfeited, the remaining components of the Grand Prize will be awarded, no other additional compensation will be provided to the Grand Prize winner, and Sponsor’s obligation to the winner will be deemed fulfilled. The trip portion of the Grand Prize must be taken within one (1) year of acceptance. Sponsor reserves the right to substitute a prize (or a portion thereof) with another prize of greater or comparable value, as determined by Sponsor. It is the responsibility of the Grand Prize winner and guest to be in possession of all necessary travel documentation (e.g., ID, Credit Card) at the time and place of departure, or prize may be forfeited. Actual value of Grand Prize depends on any fluctuations in current market conditions at time of prize fulfillment and the location of Grand Prize winner’s residence. Any difference between the stated ARV and the actual value of any prize, if any, will not be awarded. Grand Prize trip is subject to air/hotel availability, the vagaries of flight variation, work stoppages, schedule or route changes, holiday and blackout dates, and any other travel conditions/restrictions that may apply. All other expenses relating to acceptance of the Grand Prize not explicitly stated herein, including but not limited to, taxes, meals, ground transportation, and gratuities are solely the responsibility of the Grand Prize winner. Complete terms and conditions of Grand Prize trip will be furnished with prize notification and/or further correspondences. Travel will be made through Sponsor’s agent on a carrier of Sponsor’s choice. Sponsor reserves the right to structure the travel route and select hotels in their sole discretion. Grand Prize trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Sweepstakes entities will not replace or change any tickets, travel vouchers, or certificates, once booked. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return. If Grand Prize winner and guest reside within a 100-mile radius of Los Angeles, ground transportation may be provided for winner and guest in lieu of air transportation, and no compensation or substitution will be provided for difference in prize value. Sponsor reserves the right to approve or deny any potential guest for any reason. Sponsor, and/or any other relevant party, reserves the right to remove or to deny entry to the Grand Prize winner and guest if they act in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at the studio or elsewhere during the Grand Prize trip. Grand Prize is non-transferable and no substitutions or cash awards are allowed, except at the discretion of the Sponsor, in which case a prize of equal or greater value will be awarded. Administrator will furnish an Internal Revenue Service Form 1099 to the Official Grand Prize winner for the actual retail value of the Grand Prize for the tax year in which Grand Prize is accepted. The Sweepstakes Entities shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations including any results thereof such as changes in services or accommodations necessitated by same. Grand Prize conditions may be added or modified by companies providing those portions of the Grand Prize. 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. Any and all guarantees and warrantees on merchandise prizes are subject to the manufacturer’s terms and conditions, and winners agree to look solely to said manufacturers for any such warranty or guarantee claim.
8. Limitations of Liability: Entrants, by participating in the Sweepstakes, release and agree to hold the Sweepstakes Entities harmless from and against any and all liability, claims or actions of any kind whatsoever for any injuries, losses or damages of any kind to persons, including death and bodily injury, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, including participating in this Sweepstakes or in any Sweepstakes-related activity, whether sponsored, held by or paid for by a third party or by Sponsor. Additionally, the Sweepstakes Entities are not responsible for late, lost, stolen, incomplete, misdirected, garbled, damaged, delayed or undelivered entries or Tweets; or for any virus contracted by an entrant’s computer through participation in the Sweepstakes, for any incorrect or inaccurate information, whether caused by computer or Internet malfunction or interference, tampering, manipulation, weather or natural disaster, acts of war, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation; or for failed computer, satellite, telephone, wireless or cable transmissions, lines or technical failure or jumbled, scrambled, delayed or misdirected transmissions, technical error, theft or destruction or unauthorized access. Sweepstakes Entities are not responsible for other errors or difficulties of any kind whether human, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries or text messages, the cancellation or postponement of any event, the announcement of the prizes or in any Sweepstakes-related materials. The Sweepstakes Entities are not responsible for lost, interrupted or inaccessible or unavailable network, server, wireless service, Internet Service Provider (ISP), website, or other connections or any combination thereof. Sponsor reserves the right, at its sole discretion, to disqualify any individual it suspects of tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of the Official Rules, or to be acting in a unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry methods or third-party software or website or any other devices which subvert the entry process will void all entries by such methods, and disqualify any entrant using such methods. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If, for any reason, the Sweepstakes is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, technical failures, virus, bug, worms, unauthorized human intervention or any other causes which Sponsor, in the sole opinion of Sponsor, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and post notice of the action as they see fit. If Sponsor terminates the Sweepstakes prior to the end of the Sweepstakes Period, Sponsor will select the potential winners in a random drawing from among all valid, non-suspect, eligible entries received prior to termination, if any, or as otherwise may be deemed fair and equitable by Sponsor. Sponsor reserves the right to modify these rules, without materially affecting them, for equitable or clarification purposes.
UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES. SPONSOR’S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT BE DEEMED A WAIVER OF SUCH.
9. Governing Law and Venue: ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF NEW YORK; (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 WILL ENTRANT BE ENTITLED TO RECEIVE 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 ARE HEREBY WAIVED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
11. Winners' List: For the name of the winners, available after 8/15/11, send a stamped, self-addressed envelope, to be received by 9/30/11 to: AMC’s Where’s Merle Sweepstakes Winners List, c/o Bottlerocket Marketing Group, LLC, 298 5th Avenue, 2nd Floor, NY, NY, 10001.
12. Sponsor: The Sponsor of the Sweepstakes is American Movie Classics Company LLC, 11 Penn Plaza, NY, NY, 10001.
Copyright © 2011 American Movie Classics Company LLC