Tim Burton VIP Sweepstakes
ABC, Inc. dba Walt Disney Studios Motion Pictures
NO PURCHASE OR PAYMENT NECESSARY TO ENTER THIS PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO ATTENDEES PRESENT AT COMIC-CON 2012 ON JULY 12, 2012 IN SAN DIEGO, CA WHO ARE AT LEAST 18 YEARS OF AGE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW AND SUBJECT TO ALL APPLICABLE FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS. MOBILE ENTRY ONLY. MOBILE SERVICE AND ACCOMPANYING DATA PLAN THROUGH A PRIVATE PROVIDER REQUIRED FOR MOBILE ENTRY. DATA AND MESSAGING RATES MAY APPLY.
BY ENTERING THE PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PROMOTION ENTITES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Promotion Period:
The Tim Burton VIP Sweepstakes (the "Promotion") commences at 2:30PM Pacific Daylight Time ("PDT") on July 12, 2012, and ends at 5:00 PM PDT on July 12, 2012 (the "Promotion Period"). All Promotion entries must be received by 5:00 PM PDT on July 12, 2012. Entries submitted past the expiration of the Promotion Period will not be accepted and will be destroyed.
The Promotion is only open to legal residents of the 50 U.S. states who are attendees of Comic-Con 2012 in San Diego, CA (“Comic-Con”) and who are physically present at Comic-Con on July 12, 2012 and at least eighteen (18) years of age or older at time of entry. Employees of SPONSOR and Administrator and each of their respective parents, affiliated companies, sponsors, subsidiaries, retailers, distributors, advertising and promotion agencies, other prize suppliers, and third party fulfillment or judging agencies (collectively, the "Promotion Entities" or “Releasees”), directors, officers, and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings and their respective spouses, regardless of where they reside) and members of the same household, whether or not related, are not eligible to enter or win the Promotion.
3.How to Enter:
Eligible persons may enter this Sweepstakes by sending on their cell phone (“Mobile”) the keyword “SPARKY” as an SMS text message to the SMS shortcode 66937 (individually an “Entry” and collectively the “Entries”). One Entry per person per Mobile. All Entries will be randomly assigned a number and winning numbers are pre-determined by the Sponsor. Message and data charges may apply to each text message sent and received. Such persons (“Entrants”) will receive a SMS text message on their Mobile notifying them if they are a potential winner or not. All Entrants must have a text messaging two-way capable phone and digital and SMS service in order to enter the Sweepstakes. Text messaging may not be available in all areas. By entering, Entrant grants to Administrator his/her consent to call or text his/her Mobile should Entrant be selected as a potential winner.
Releasees are not responsible for Entries that are altered, delayed, destroyed, forged, fraudulent, illegible, inaccurate, incomplete, irregular in any way, late, lost, multiple, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Official Rules; or other errors of any kind, whether due to electronic, mechanical or human error or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified.
4. Procedures and Winner Information:
Up to sixty (60) winners (individually a “Winner” and collectively the “Winners”) will be selected provided there are a sufficient number of eligible Entries. Administrator will seed sixty (60) random, pre-determined computer generated winning times seeded over the course of the Promotion Period. If an Entry is the first one received on or just after one of those pre-determined times, Entrant will be be a potential Winner , subject to meeting the eligibility requirements provided herein. Each potential Winner will be notified immediately via text from 66937 that they are a potential Winner and providing instructions on how to obtain the Prize (“Notification”). Odds of being a Winner will depend on the time the Entry is received and the total number of eligible Entries received. The Prizes awarded pursuant to this Promotion shall be subject to the terms and conditions of the Prize and laws and regulations of the applicable Winner’s jurisdiction of residence.
To verify eligibility and obtain a Prize, potential Winners must report to the entrance to the HGTV Frankenweenie Garden located outside of the San Diego Convention Center at the Hilton Gaslamp Quarter between 3:45 PM PDT – 5:00 PM PDT with their Mobile. Administrator will verify that the potential Winner received a Notification and verify the eligibility of each potential Winner. Once confirmed, each Winner will receive one (1) VIP Pass to enter the Frankenweenie Exhibit at 5:30 PM PDT on July 12, 2012 and a Frankenweenie mini-poster. Odds of winning depend on the total number of eligible Entries received. At the sole discretion of the SPONSOR, disqualification, forfeiture and the selection of an alternate winner may result from any of the following:  potential winner’s failure to respond to notification at the appointed time;  potential winner’s failure to provide Sponsor with satisfactory proof of age, residency, and identity;  potential winner’s failure to execute and return a publicity release and release of liability; potential winner’s failure to be available during the VIP tour time of 5:30 PM PDT on July 12, 2012; and  any other non-compliance with these Rules. In the event of prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner.
Prizes are not transferable and are non-assignable. No prize, cash or other substitutions allowed except at SPONSOR’s sole discretion or as otherwise provided herein. SPONSOR reserves the right to substitute a prize of equal or greater value if an advertised prize becomes unavailable.
5. Prize: Sixty (60) Prizes: One (1) VIP Ticket to enter the Frankenweenie Exhibit (the “Exhibit”) at 5:30 PM PDT on July 12, 2012, one (1) Frankenweenie mini-poster, and the opportunity to meet Tim Burton at the Exhibit. Approximate Retail Value (“ARV”): $20. Total ARV for all Prizes is $1,200.
Meeting with Tim Burton portion of the Prize has no cash or retail value. Tim Burton meeting will be for a period of up to 5 minutes and is subject to Tim Burton’s availability and professional commitments, with Sponsor’s representative(s) and other individuals also being present at all times. Sponsor makes no representation as to the participation of Tim Burton in the meet & greet component of the Prize. The Tim Burton meeting portion of the Prize is subject to, and Sponsor is not responsible for, changes to Tim Burton’s schedule, exigencies or delays, postponements or cancellation of the Hall H Presentation and the Exhibit. In the event the Prize winner is able to participate in the meeting portion of the Prize, but the meeting portion does not or cannot take place as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations, postponement, location changes, an event of force majeure, or for any other reason, then Sponsor reserves the right to award the remainder of the Prize with no further obligation to the Winner.
Winner a must follow all instructions of Sponsor relative to the Tim Burton meeting and, should Winner fail to adhere to such instructions or engage in unruly, obnoxious, anti-social or otherwise inappropriate behavior (as determined by Sponsor in its sole discretion), Sponsor reserves the right, without further notice or warning, to terminate the meeting and/or remove Winner from the meeting and/or take other actions as Sponsor deems appropriate in its sole discretion so as to protect its rights, without liability or other obligation to winner and/or guest.
6. Locations: HGTV Frankenweenie Garden: Outside of the San Diego Convention Center by the railroad tracks located at the Hilton Gaslamp Quarter 401 K Street, San Diego, CA 92101.
Frankenweenie Exhibit: On San Diego Convention Center Floor. Please see Comic-Con Convention Center Floor Map for location.
7. General Terms:
Entrants assume all risk of loss, damage, destruction, delay or misdirection of materials/entries submitted to SPONSOR. Entrants agree to these Official Rules and to all decisions of SPONSOR, or their designated agent, which are final and legally binding in all respects, and further agree that all prizes are awarded upon the condition that the Promotion Entities or any of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents shall have no liability whatsoever and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in this Promotion or participation in any Promotion-related activities and further acknowledge that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its merchantability, quality, mechanical condition or fitness for a particular purpose. As a condition of participating, Entrants agree that: (1) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action and shall be resolved exclusively by arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS under the rules of the American Arbitration Association ("AAA"); and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorney’s fees.
SPONSOR reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate or suspend this Promotion, or any portion thereof, should virus, bugs, non-authorized human intervention or other causes beyond the control of SPONSOR corrupt or impair the administration, integrity or security of the Promotion. The Promotion Entities and each of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents are not responsible for hardware, software or telephone failures of any kind, traffic congestion on the Internet or at any website or any combination thereof, lost network connections, incomplete, garbled or delayed computer transmissions, whether caused by SPONSOR, users or by any of the equipment or programming associated with or utilized in the Promotion or by technical or human error which may occur and/or which may damage a user’s system or limit an Entrant’s ability to participate and/or redeem prizes in the Promotion. SPONSOR reserves the right at its sole discretion, to disqualify any individual who tampers with the Promotion, violates these Official Rules or otherwise engages in fraudulent or offensive conduct with respect to this Promotion. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTIVE HIS/HER SETTLEMENT WITH DEBTOR." Caution: Any attempt to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, SPONSOR reserves the right to seek damages from any such Entrants to the fullest extent of the law.
The laws of the State of California shall exclusively govern the Promotion. By accepting prizes, Winners agree that SPONSOR may use each winner's name, likeness, photograph and/or biographical information, without limitation, for promotional purposes without further consideration or payment, where permitted by law. All expenses not specified herein are the Winners’ responsibility. SPONSOR’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. In the event that this Promotion is challenged by any legal or regulatory authority (including, but not limited to, any federal or state governmental authority), SPONSOR reserves the right to discontinue or modify the Promotion, as applicable, or to disqualify any Entrants residing in any affected geographic areas, as applicable. In such event, SPONSOR shall have no liability to any Entrants who are disqualified due to such an action.
9. Request for Official Rules:
For the Official Rules and a list of Winners, visit www.frankenweeniesweeps.com prior to July 31, 2012.
This Promotion is sponsored by ABC, Inc. dba Walt Disney Studios Motion Pictures, having a place of business at 500 S. Buena Vista St., Burbank, CA 91521.
This promotion is administered by Brandmovers, Inc. having a place of business at 512 Means St., Suite 101, Atlanta, GA. 30318.