Arrow – “Beneath the Surface” Sweepstakes
2013 OFFICIAL RULES
1.. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE ODDS OF WINNING.
2.GENERAL INFORMATION: The Arrow – “Beneath the Surface” Sweepstakes (“Sweepstakes”) begins at 5:00PM PST (US) on June 5, 2013 and ends at 8:59PM PST (US) on June 5, 2013 (the “Sweepstakes Period”). VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
3. SPONSOR: The Sweepstakes is sponsored by The CW Network, LLC 4000 Warner Blvd., Burbank, California 91505 (“Sponsor”). Sponsor will conduct the Sweepstakes substantially as described in these Official Rules. All copyrights and trademarks are the property of their respective owners.
4. ELIGIBILITY: The Promotion is open only to natural persons who (i) are legal residents of the U.S. excluding residents of Rhode Island (and other jurisdictions where the Promotion is prohibited by law), (ii) are at least 13 years of age or older at the time of entry (and, if the entrant is a minor in his/her state of residence, those who enter with the permission of a parent or guardian), and (iii) are eligible to enter the Promotion as set forth in these Official Rules. Any person who can be classified as any of the following are not eligible to participate in the Promotion: employees of the Sponsor and its respective parent companies, affiliates, and subsidiaries, including Bonanza Productions Inc. and Warner Bros. Entertainment Inc.; advertising, promotion, fulfillment or other coordinating agencies; individuals providing services to the Sponsor through an outsourcer or temporary employment agency during the Promotion Period; and, with respect to all of the foregoing, the respective immediate family members and persons living in their same household of all of the foregoing. The Promotion is subject to all applicable federal, state, and local laws and regulations. By participating in the Sweepstakes, entrants agree fully and unconditionally to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Eligibility to win a prize is contingent upon complying with and fulfilling all requirements set forth herein.
Next, follow @cw_arrow (“Relevant Twitter Feed”) and tweet the hashtag #SurfaceArrow (the “Qualified Tweet”) using the “retweet” button. One (1) retweet of a Qualified Tweet per person, per day during the Sweepstakes Period gets you an entry into the Sweepstakes (“Entry” or “Entries”). If more than one (1) Entry per person, per day is received during the Sweepstakes Period, all additional Entries will be voided by Sponsor. Entrant’s Twitter account must not be in “protected mode” or the retweet of the Relevant Twitter Feed will not count as a Qualified Tweet and Entrant will not be entered in the Sweepstakes. Only tweets including the exact hashtag mentioned above shall be deemed valid Entries.
Once submitted, an Entry cannot be deleted, modified, or cancelled. The only methods of Entry are those set forth in these Official Rules. No other method of Entry will be accepted. The Sponsor are not responsible for lost, misplaced, illegible, mutilated, incomplete, incorrect or undelivered Entries, and such Entries will be deemed invalid. Entries become the property of the Sponsor and will not be returned. LIMIT OF ONE (1) ENTRY PER PERSON PER DAY. Attempts made by the same individual to submit multiple Entries per day by using multiple accounts or otherwise may be disqualified. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. The Sponsor’s designated server’s clock will be the official time keeper for the Sweepstakes. For purposes of the Sweepstakes, an Entry is “received” at the time stamped by Twitter on the applicable tweet. Proof of sending (such as an automated computer receipt confirming Entry or “thanks for entering” screen or message) does not constitute proof of actual receipt of an Entry for purposes of the Sweepstakes. For the avoidance of doubt, Sponsor may not provide entrant with confirmation of Sweepstakes Entry. As a condition of entering the Sweepstakes, each entrant gives consent for the Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering the Sweepstakes and complying with applicable laws, regulations and rules.
6. DRAWING AND NOTIFICATION: : Qualified Entries will be determined by Sponsor, in its sole discretion, by checking the Twitter @Reply function responses received in the Sponsor’s @Reply folder, for qualified and complete @Reply responses to Sponsor’s tweet message calling for Entries. Sponsor is not responsible for changes to the Twitter @Reply function that may interfere with Sweepstakes or ability of entrant to timely enter. Prize winners will be selected in a random drawing from among all eligible Entries received. The drawing will be conducted on or about June 6th, 2013. Odds of winning a prize depend on the number of eligible Entries received. Sponsor will make up to two (2) attempts over the 48-hour period following each winner’s selection to contact the potential winner via the winner’s applicable Twitter account. If the potential winner cannot be reached during the 48-hour period in which he/she is contacted such potential winner will be disqualified and an alternate potential winner will be selected from among the remaining applicable eligible Entries received, if time permits (at Sponsor’s sole discretion). The return of a potential winner's notification, prize information, or the prize as undeliverable or rejection of the prize by the potential winner will result in disqualification of the potential winner and an alternate potential winner will be selected. The Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winners, if any. In the event of a dispute about the identity of an entrant, each Entry will be declared made by the authorized account holder of the e-mail address associated with the Twitter account. The authorized account holder is defined as the natural person who is assigned to an email address by an Internet Service Provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. With respect to each winning Entry, the winner may be required to provide proof that the winner is the authorized account holder of the email address associated with the winning Entry and is otherwise eligible to enter the Sweepstakes.
Grand Prize: One (1) Grand Prize winner will be awarded one (1) customized Surface RT Tablet which will be autographed by Arrow Cast and Crew and engraved an official Arrow logo and an Arrow t-shirt.
Approximate retail value of the Grand Prize is $750.00 (Note: there is no retail value with respect to the autograph). Approximate retail value of each the Arrow t-shirt is $15.00; for a total ARV of $765.00. No transfer, or cash or other substitution of prizes allowed except that the Sponsor reserves the right, in its sole and absolute discretion, to substitute a prize or prize component of comparable or greater value. Allow 12 weeks for delivery of prize. The Sponsor will not replace any lost or stolen prizes once in winner's possession.
8. PRIZE CONDITIONS: Except where prohibited by law, a potential prize winner (or the winner’s parent or legal guardian if the winner is a minor in his/her state of residence) will be required to execute an Affidavit of Eligibility, a Liability Release and a Publicity Release, and a Tax Acceptance Form ("Affidavit/Release"). Such documents must be signed and returned by the date and/or time indicated within such documents. If the documents are not signed and returned within that time, or if an entrant is found to be ineligible, or if an entrant does not comply with these Official Rules, each as determined by the Sponsor in the Sponsor’s sole discretion, then the potential winner will be disqualified and an alternate potential winner will be selected. Entrant waives the right to assert as a cost of winning a prize any and all costs of verification and redemption to redeem said prize and any liability which might arise from redeeming or seeking to redeem said prize. Sponsor is not responsible for fraudulent calls or emails made to entrants not by the Sponsor. All Entries are subject to verification prior to awarding of prizes. Eligibility, age, and claims made by prize winners also are subject to verification prior to awarding of prizes.
9. TAXES: All federal, state, provincial, and local taxes and other tax liabilities (including income taxes), if any, and other incidental costs or expenses not identified in these rules are the sole responsibilities of the winners. Each winner may be required to provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Entrants winning over $600 in prizes will receive an IRS form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
10. RELEASE: By participating in the Sweepstakes, entrants agree to release, indemnify, defend and hold Sponsor, Warner Bros. Entertainment Inc., Twitter Inc., and each of their respective parent, affiliates, subsidiaries, directors, officers, employees, and agents, including advertising and Sweepstakes agencies, and assigns, and any other organizations/entities/persons related to the Sweepstakes or to the program “Arrow” , including, without limitation, Bonanza Productions Inc. and its affiliated entities, and the employees, agents, and assigns of each of the foregoing (collectively, “Releasees”) harmless from any and all claims, injuries, damages, expenses, or losses to person or property and/or liabilities of any nature that in any way arise from participation in the Sweepstakes or acceptance or use of a prize or parts thereof, including without limitation (i) any condition caused by events beyond Releasees’ control that may cause the Sweepstakes to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of any prize, or acceptance, possession, or use of any prize, or from participation in the Sweepstakes (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)); (iii) any printing or typographical errors in any materials associated with the Promotion.
11. LIMITATION OF LIABILITY: The Releasees are not responsible for (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable Entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of Entry materials or prizes; or (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties. Prizes are awarded “as is, where is,” without warranty of any kind, express or implied, including without limitation any warranty of merchantability or suitability for a particular purpose.
IN NO EVENT WILL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL ENTRANTS.
12. PUBLICITY RELEASE: Except where prohibited, an entrant’s participation in the Sweepstakes constitutes consent to the perpetual, worldwide, royalty-free use by the Releasees of his/her name, Twitter handle, photo and/or likeness, biographical information, or any other information or materials submitted with his/her Entry, as well as statements made utilizing the Entry hashtag, for advertising and Sweepstakes purposes, including without limitation, inclusion in advertising for Arrow and on the Sponsor’s websites and any other media chosen by the Sponsor without compensation.
13. GENERAL CONDITIONS: By participating in the Sweepstakes, each entrant acknowledges that he/she has read these Official Rules and agrees to be bound by them and by the decisions of the Sponsor, which are final and binding on all matters pertaining to the Sweepstakes. Non-compliance with these Official Rules may result in disqualification and all associated Entries will be void. All Entries, as applicable, become property of the Sponsor and none will be acknowledged or returned. Sponsor reserves the right, in its sole discretion and without liability to the entrant, to cancel, modify or suspend the Sweepstakes in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Sweepstakes is compromised. The Sponsor reserves the right to disqualify any entrant or winner, as determined by the Sponsor, in its sole discretion and without liability to the entrant or winner. The Sweepstakes is subject to these Official Rules and all applicable federal, state, provincial, and local laws and regulations. The Sweepstakes is void where prohibited or restricted by law. Except where prohibited, by participating in the Sweepstakes and submitting an Entry, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the prize awarded, determination of a winner, or any other matter relating to the Sweepstakes that cannot be resolved between such entrant and any Releasees shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives, any and all rights to have damages multiplied or otherwise increased or claim indirect, punitive, incidental and consequential damages and any other damages, attorneys’ fees, other than for actual out-of-pocket expenses incurred (if any) that do not exceed one hundred dollars ($100). Notwithstanding anything to the contrary herein, in no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of Sponsor’s property or production or the program Arrow), the Sweepstakes, any website, content, advertising or other materials used, displayed or issued in connection with the Sweepstakes, or any submission or Entry, and such entrant’s rights and remedies in any such event shall be strictly limited to the right to recover money damages, if any, in an action at law. All disputes, issues and/or questions concerning the Sweepstakes, including the rights and obligations of the entrant and the Sponsor in connection with the Sweepstakes, or the construction, validity, interpretation and enforceability of these Official Rules shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Any legal actions, suits or proceedings related to the Sweepstakes (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Los Angeles County, California, and each entrant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to the Sweepstakes. The Sponsor may substitute prizes of equivalent value, amend the rules, or discontinue the Sweepstakes at any time for any reason. The Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Sweepstakes.
14. PRIVACY AND PERSONAL INFORMATION: Sponsor may collect personal data about entrants online and use such data in accordance with Sponsor’s privacy policies located at http://cwtv.com/thecw/privacy-policy/ and as set forth in these Official Rules. Please review these Official Rules and the Privacy Policies carefully. By participating in the Sweepstakes, entrants hereby agree to such collection and use of their personal information by Sponsor, either collectively or individually, and acknowledge that they have read and accepted these Official Rules and the Privacy Policies.
15. RULES / WINNER’S NAME: To obtain a copy of these Official Rules and/or the name of the winners, send a self-addressed stamped envelope to the “Arrow – Beneath the Surface” Sweepstakes, c/o PromoJam, 2434 Lincoln Boulevard, Floor 2, Los Angeles, CA 90291. (All such requests must be received no later than six (6) months after the end of the Sweepstakes Period.)
16. FORCE MAJEURE: Without limiting any other provision in these Official Rules, in the event that any of the Sweepstakes’ activities or the Releasees’ operations or activities are affected, as determined by the Sponsor, in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, the Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes, and no Releasees shall be responsible or liable to any entrant or prize winner or any person claiming through such entrant or prize winner for failure to supply the prize or any part thereof. The Sponsor are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.
17. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official 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 Official 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. Sponsor’s failure to (or decision not to) enforce any provision in these Official Rules shall not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and these Official Rules, these Official Rules shall prevail, govern, and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. This Sweepstakes is in no way sponsored by or affiliated with Twitter.