1. NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
2. Promotion Description.
The Batman-in-a-Tweet Giveaway (the “Promotion") is a sweepstakes promotion where individuals who create an account and leave a comment on the blog (note: you must be logged in to leave a comment) will be eligible to be randomly selected from all eligible entries. Accounts and blog entries completed from 12:01 on July 9, 2012 to 23:59 on July 23, 2012 (the “Promotion Period”) will be eligible to win one (1) prize pack.
1 winner will win a prize pack including:
- A 2-night trip to New York City for the winner and one guest
3. How To Enter. You will automatically be entered into the Promotion either by creating a Twitter post containing the #BatmanInATweet hashtag, or by creating an account and leaving a comment on the giveaway page (entries made in these manners are collectively referred to as “Entry" or “Entries"). The authorized Wikia account holder will be deemed to be the entrant. Only Entries received within the Promotion Period will be accepted.
4. Eligibility. In order to be eligible, entrants must be 18 years of age or older, and a legal resident of one of the 50 United States. Entrants under the age of majority in their jurisdiction of residence must obtain a parent’s or legal guardian’s consent before participating, and by participating represent that they have done so. Entries are limited to individual consumers only; commercial enterprises and business entities are not eligible. Directors, officers, employees, contractors and agents of Wikia, its subsidiaries, affiliates, resellers, or advertising or promotional agencies and members of their immediate families (defined as children, parents, siblings or spouses) are not eligible to participate in the Promotion. To participate, entrants must: 1) have a computer, 2) have Internet access; and 3) submit an Entry.
5. Identity of Entrants; Limitations on Entries. The authorized Wikia account holder will be deemed to be the entrant for Entries via leaving a comment posting on the blog page. The authorized account holder of the email address used on the free email entry will be deemed to be the entrant. The “authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the address. Potential winners may be required to show proof that they are the authorized account holder or the entrant. The use of any automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter repeatedly or in excess of one entry per person is prohibited. Mechanically generated entries will be discarded and may result in total and permanent disqualification from the Promotion.
6. How You Win. Winners will be selected in a random drawing on or about July 24, 2012 from among all eligible Entries received. Each entrant’s chances of winning are dependent upon the number of Entries received. Wikia’s decisions are final in all matters related to the Promotion.
7. Notification. Wikia will attempt to notify winners by email and/or by post at the address provided within approximately three (3) days following selection of each winner. Wikia is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or winner’s failure to adequately monitor any email account or physical address. The winner must then respond to Wikia within forty-eight (48) hours. Should the winner fail to respond to Wikia or be disqualified, Wikia reserves the right to select a new, replacement winner. Unclaimed prizes will not be awarded. Individuals may request the name of the winners by submitting a self-addressed, stamped envelope before July 23, 2011 to: 500 3rd Street, Suite 405, San Francisco, CA 94107, United States. By participating, you agree to Wikia’s inclusion of your name, and the city or town and country of your residence on such list if you are a winner.
8. Affidavit; Publicity Release. Each winner (and their legal guardians, if winner are minors) may be required to sign an affidavit of eligibility, liability waiver and publicity release that will allow Wikia to use the winner’s name, photography, likeness, voice, prize information, and biographical information for publicity and promotional purposes without further compensation where permitted by law. By entering the Promotion or accepting any prize, each entrant consents to use of his or her name, likeness and any statements, quotes or testimonials for publicity, advertising and other promotional purposes without further compensation, except where prohibited by law.
9. Taxes. All taxes associated with the receipt or use of the prizes is the sole responsibility of each winner. Wikia reserves the right to withhold any taxes as required by applicable law. Prizes are not transferable. No substitutions (including for cash) are permitted, but Wikia reserves the right to substitute a prize of equal or greater monetary value to the prizes if for any reason any prize cannot be awarded as contemplated in these Rules.
10. Conditions of Participation. By submitting an Entry for this Promotion, you agree to abide by these Rules, the terms and conditions of Wikia, and any decision Wikia makes regarding this Promotion. Wikia reserves the right to disqualify from the Promotion, and any future contest or other promotion conducted by Wikia, and to take such other action as may be appropriate, any entrant or winner who, in Wikia’s reasonable suspicion, tampers with Wikia’s web site, the entry process, intentionally submits mechanical entries, violates these Rules, or acts in an unsportsmanlike or disruptive manner.
11. Disclaimer and Limitation of Liability. WIKIA MAKES AND GIVES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PROMOTION OR ANY PRIZE OR ANY ENTRANT’S PARTICIPATION IN THE PROMOTION. WIKIA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM, ANY OCCURRENCE, EVENT OR CONDITION OUTSIDE WIKIA’S REASONABLE CONTROL THAT MAY AFFECT THE PROMOTION OR CAUSE THE PROMOTION TO BE DISRUPTED, SUSPENDED OR CORRUPTED, INCLUDING: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; AND (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS PROMOTION. WIKIA RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROMOTION OR ALTER THE RULES IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE OCCURRENCE, EVENT OR CONDITION ALTERS OR CORRUPTS THE ADMINISTRATION OF THE PROMOTION.
12. Release. BY ENTERING THE PROMOTION, EACH ENTRANT RELEASES AND AGREES TO HOLD HARMLESS WIKIA AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION), ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE PROMOTION; (II) ACCEPTANCE OR USE OF ANY PRIZE; OR (III) OTHERWISE ARISING OUT OF OR RELATING TO THE PROMOTION.
14. Governing Law. These Rules and this Promotion are governed by and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, San Francisco. The parties consent to the jurisdiction of the state courts of California and the federal courts located with such state and county with respect to any action, dispute or other matter pertaining to or arising out of this Promotion. This Promotion is subject to all applicable laws. Void where prohibited.
15. Sponsor. The Sponsor of this Promotion is Wikia Inc., 500 3rd Street, Suite 405, San Francisco, CA 94107 (“Wikia"). All questions regarding this Promotion should be directed by email to firstname.lastname@example.org.
16. RELEASE AND INDEMNIFICATION: BY ENTERING THE SWEEPSTAKES, ENTRANTS RELEASE AND HOLD HARMLESS WARNER BROS. ENTERTAINMENT INC. AND EACH OF ITS RESPECTIVE PARENTS, DIVISIONS, AFILIATES, SUBSIDIARIES, AGENTS AND ADVERTISING AGENCIES (COLLECTIVELY, “WBEI”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
17. LIMITATION OF LIABILITY: IN NO EVENT WILL THE WBEI BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE SWEEPSTAKES SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES SITE, THE REMOVAL FROM THE SWEEPSTAKES SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.