“Gothika Official Merchandise Contest”
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND
IS NECESSARY TO ENTER OR WIN THIS CONTEST.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1) DESCRIPTION OF THE CONTEST. The GOTHIKA OFFICIAL MERCHANDISE CONTEST (the
“Contest”) is sponsored by Warner
Bros. Pictures Inc., 4000 Warner Blvd., Burbank, CA 91522 (“Warner Bros.” or “Sponsor”). The Contest provides entrants with the
opportunity to win a Prize as more specifically described below. The Contest begins at 12:00 a.m. Pacific
time on October 22, 2003 and ends at
11:59 p.m. Pacific time on December 1,
2003 (the “Contest Period”). 1 winner will be selected in a random drawing
on or about December 1, 2003 from
all eligible entries submitted during the Contest Period. Contest judging will be performed by
Buzztone, Inc.; 3272 Motor Ave., Suite F; Los Angeles, CA 90034 (“Buzztone” or “Judge”). One (1) grand
prize winner will win a Men's Grey T-shirt, Girls Brown T-shirt, Scrubs Set, Syringe Pen, Leather
Restraint Bracelet, Soft lounging set, mini-book, and movie poster, (a “Prize”) Fifty (50) second prize winner
will receive a Gothika t-shirt and syringe pen). Fifty (50) third prize winners will receive a Gothika poster (a “Prize”). A total of 101 Prizes will be awarded. Approximate Retail Value for the Grand Prize: [$150]. Total Approximate Retail Value of All Prizes [$1650]. By participating
in the Contest, each entrant unconditionally accepts and agrees to comply with
and abide by these Official Rules and the decisions of Sponsor or Judge, which
shall be final and binding in all respects.
2) WHO MAY ENTER. The Contest is open only to those legal
residents of the United States (excluding Guam, Puerto Rico and the U.S. Virgin
Islands) who are 18 years of age or older and who had Internet access on
or before June 10, 2003. Directors,
officers and employees, and their immediate family members, or those living in
the same household as such directors, officers and employees, of Warner Bros.,
Buzztone or their respective parent companies, affiliates, subsidiaries, agents
or representatives (collectively “Promotion
Entities”) are not eligible to enter or win. The Contest is void where restricted or prohibited by law.
3) HOW TO ENTER. Two Ways to Enter. 1) On-line Entry: Visit the website at www.woodwardpenitentiary.com (the
“Website”) and complete the
registration form with a valid email address.
The next step is to submit the e-mail address of a friend age 18 or older
whom you would like to receive the Website.
2) Mail Entry: Legibly hand-print your name, address, zip
code, email address, age, and day and evening phone numbers on a
3" x 5" card and then mail the entry form or the card in a
stamped envelope to: GOTHIKA OFFICIAL MERCHANDISE CONTEST; c/o Buzztone, Inc.;
3272 Motor Ave., Suite F; Los Angeles, CA 90034. All On-line entries must be received by the end of the Contest
Period in order to participate. Mail
entries must be postmarked on or before November 28, 2003 and received on or
before December 1, 2003. Limit one (1)
entry per person, regardless of method of entry. If multiple entries are received from the same person, regardless
of method of entry, only the first entry will be considered and all subsequent
entries will be disqualified. Proof of
entering information at the Website is not considered proof of delivery to or
receipt by Sponsor or Judge.
4) WINNER NOTIFICATION. Each potential winner will be notified by
email, which will be sent only to the e-mail address provided in the
registration form submitted by that potential winner. Sponsor shall have no
liability for any winner notification that is lost, intercepted or not received
by the potential winner for any reason. If the potential winner does not
respond to the notification efforts described above within five (5) days of the
first notification attempt with his/her full name and a mailing address, or if
the prize or prize notification is returned as unclaimed or undeliverable to
such potential winner, such potential winner will forfeit his or her prize and
an alternate winner may be selected. If any potential winner is found to be
ineligible, or if he or she has not complied with these Official Rules, such
potential winner will be disqualified and an alternate winner may be selected.
5) ODDS/ GENERAL PRIZE CONDITIONS: Odds of
winning depend on the number of eligible entries received. No prize
substitutions will be allowed, except Sponsor reserves the right to substitute
prize(s) of comparable value if a Prize is unavailable for any reason. Prizes
are nonassignable and nontransferable. Prize winners shall be solely
responsible for all federal, state and/or local taxes, and for any other fees
or costs associated with the Prize not explicitly stated herein. Prize winners may be required to
execute an Affidavit of Eligibility, a Liability Release, and (where legal) a
Publicity Release (collectively, "Prize Claim Documents"). If a Prize
winner is a minor in his or her state of residence, then the parent or legal
guardian of such minor also must execute the Prize Claim Documents. If a Prize
winner is required and fails or refuses to sign and return all Prize Claim
Documents within seven (7) days of prize notification, the winner may be
disqualified and an alternate winner may be selected.
6) ENTRY OWNERSHIP/RELEASE: Once
submitted, entries become the sole property of Sponsor and will not be
returned. Acceptance of a Prize constitutes winner's permission for Promotion
Entities to use winner's name, voice and likeness for advertising and/or
publicity purposes worldwide and in all forms of media now known or hereafter
developed, in perpetuity, without further compensation. Entrants agree that
Promotion Entities (A) shall not be responsible or liable for any losses, damages
or injuries of any kind resulting from participation in the contest, or from
entrants' acceptance, receipt, possession and/or use or misuse of any prize, or
for any typographical or other error in the printing, offering or announcement
of any prize, and (B) have neither made nor are in any manner responsible or
liable for any warranty, representation or guarantee express or implied, in
fact or in law, with respect to any prize, including, without limitation, to
such prize's quality or fitness for a particular purpose. Promotion Entities
assume no responsibility for any damage to an entrant's computer system which
is occasioned by accessing the Website or participating in the contest, or for
any computer system, phone line, hardware, software or program malfunctions, or
other errors, failures, delayed computer transmissions or network connections
that are human or technical in nature. Sponsor reserves the right, in its sole
discretion, to cancel or suspend the contest should computer viruses or bugs, or
other causes beyond Sponsor's control corrupt the administration, security or
proper play of this contest. Sponsor and Judge reserve the right in their sole
discretion to disqualify any individual who is found to be tampering with the
entry process or the operation of the contest or the Website, to be acting in
violation of these Official Rules, or to be acting in an unsportsmanlike or
disruptive manner, or with the intent to disrupt or undermine the legitimate
operation of the contest, or to annoy, abuse, threaten or harass any other
person, and Sponsor and Judge reserve the right to seek damages and other
remedies from any such person to the fullest extent permitted by law. No
mechanically reproduced, illegible, incomplete, forged, software generated or other
automated multiple entries will be accepted. In the event of a dispute as to
the identity of the entrant, any on-line entry will be deemed submitted by the
holder of the email account from which it was sent. Sponsor reserves the right
to modify, suspend, or terminate the contest if it determines, in its sole
discretion, that the contest is technically impaired or corrupted or that fraud
or technical problems, failures or malfunctions have destroyed or severely
undermined or impaired the integrity and/or feasibility of the contest. The
invalidity or unenforceability of any provision of these rules shall not affect
the validity or enforceability of any other provision. In the event that any
provision is determined to be invalid or otherwise unenforceable or illegal,
these rules shall otherwise remain in effect and shall be construed in
accordance with their terms as if the invalid or illegal provision were not
contained herein.
7)
GOVERNING
LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION,
VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE
RIGHTS AND OBLIGATIONS OF ENTRANTS, SPONSOR OR JUDGE IN CONNECTION WITH THE
CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS
OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF
CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY
OTHER STATE'S LAWS. CONTEST IS VOID IN
THE STATE OF RHODE ISLAND.
8) DISPUTES: Each person who participates in the contest irrevocably agrees
that: (1) the state and federal courts located in Los Angeles, California shall
have exclusive jurisdiction over any suit or other proceeding arising out of or
based upon this agreement, and each hereby waives any claim that it is not
subject personally to the jurisdiction of said courts or that any such suit or
other proceeding is brought in an inconvenient forum or improper venue; (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.
9)
WINNERS LIST: For the names of the winners, send a
self-addressed stamped envelope to: GOTHIKA OFFICIAL MERCHANDISE CONTEST,
Warner Bros. Pictures Inc., 4000 Warner Blvd., Burbank, CA 91522.
10)
COPYRIGHT: The
names, logos and icons of identifying products and services of Warner Bros. and
Gothika are proprietary marks of Warner Bros. Pictures Inc. All rights reserved © 2003.
[End of
Official Rules]