HOT TOPIC TEENAGE MUTANT NINJA TURTLES: OUT OF THE SHADOWS SWEEPSTAKES (“SWEEPSTAKES”)
OFFICIAL RULES (“Official Rules”)
1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
2. SPONSOR: The sponsor of the Sweepstakes is Hot Topic, Inc ("Sponsor"), 18305 San Jose Ave, City of Industry, CA 91748.
3. PROMOTION PERIOD: The Sweepstakes begins at 12:00 PM PST November 1, 2013 and ends at 12:00 p.m. PST on November 4, 2013 ("End Date"). A total of ten (10) winners will be randomly selected on/ or around November 8 and notified on the day that they are selected. See Sections 8, 10 and 11 below for information about winners, winner selection, notification and verification.
4. ELIGIBILITY: The Sweepstakes is open only to residents of the 50 United States and the District of Columbia and Canada who are 13 years of age or older at time of entry and have an active Facebook account. Employees of Sponsor, its prize providers and licensors, and each of the foregoing entities' affiliates, franchisees, authorized designees and other related entities, and any other individual or entity associated with the development, judging or administration of the Sweepstakes (collectively, the "Promotion Entities"), as well as members of such employees' immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are not eligible to participate in the Sweepstakes. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook.
5. HOW TO ENTER: To enter, entrants must “Comment” on the sweepstakes post on Sponsor’s Facebook Fan page during the Promotion Period and as instructed by Sponsor Entrants may enter once per Entry Period during Promotion Period. Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information such as name, address, e-mail address and telephone number collected in connection with the Sweepstakes will be used by Sponsor to administer Sweepstakes. Any communication or information transmitted to Sponsor via Facebook or any website, by private message, e-mail or otherwise, is and will be treated as non-confidential and non-proprietary. Proof of Entry is not considered proof of delivery to or receipt of such entry. Furthermore, Sponsor shall have no liability for any Entry that is lost, intercepted or not received by Sponsor. Sponsor is the official time keeper for the Sweepstakes. All entry information and materials, including any copy of the Entry submitted to Sponsor, become the property of Sponsor and will not be acknowledged or returned.
6. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION: Each person who enters the Sweepstakes represents and warrants as follows: (a) the Entry does not contain any harmful computer code and is not otherwise corrupted; (b) as of the date of Entry, the Entry is not the subject of any actual or threatened litigation or claim; (c) the Entry does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (d) the Entry does not and will not violate any applicable laws, and is not and will not be defamatory or obscene; and (e) the Entry complies with all Facebook guidelines and terms and conditions. Each entrant hereby agrees to indemnify and hold the Promotion Entities and Facebook harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the covenants, representations and warranties of entrant hereunder.
7. ENTRANT'S GRANT OF RIGHTS: By making an Entry in connection with the Sweepstakes, each entrant entered into the Sweepstakes hereby (a) irrevocably grants to Sponsor and its affiliates, and their respective successors and assigns, a non-exclusive, transferable, fully-paid, royalty-free, worldwide, perpetual, license, including the unlimited right to sublicense, reproduce, modify, publicly perform, publicly display, distribute, and use the Entry by means of any and all media and devices whether now known or hereafter devised, including, without limitation, on Sponsor’s websites, and Hot Topic Facebook page; and (b) agrees to execute all further documents respecting the Entry requested by Sponsor, including any further license, in order for Sponsor to use the Entry as contemplated by the Sweepstakes. Each entrant irrevocably waives any and all so-called moral rights they may have in the Entry. For clarity, Sponsor has the right (but not the obligation) to publish any Entry on the Sponsor’s Twitter, Facebook, or Pinterest websites.
8. WINNER SELECTION; PRIZES: Ten (10) winners will be randomly drawn on or around November 4, 2013 after the Promotion Period. Each winner will win an electronic code to download Teenage Mutant Ninja Turtles: Out of the Shadows on Xbox 360, PS3 or Windows Live (Approximate Retail Value (“ARV”) = $14.99). The total approximate retail value (“ARV”) of the prizes is 149.90. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prizes are unavailable, in whole or in part, for any reason. Only two (2) alternate drawings will be held, after which the prize will remain unawarded. If winner is a resident of Canada, potential winner may be asked a simple mathematical question in order to qualify. WINNERS ARE RESPONSIBLE FOR REPORTING AND PAYING ANY AND ALL INCOME, SALES OR EXCISE TAXES THAT MAY APPLY TO ACCEPTING PRIZES; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES.
9. ODDS: Many will enter, only ten (10) will win. The odds of winning depend upon the number of eligible entries received. Sponsor cannot accurately predict the number of entrants who will participate in the Sweepstakes.
10. NOTICE TO WINNER: Winners selected during an Entry Period will be notified before 12:00 pm PST on the respective Drawing Date by Public Reply from Sponsor to Winner’s comment on the post for that Entry Period. Winners will have twenty-four (24) hours from the time of Sponsor’s Public Reply to send Sponsor a Private Message with the following information: valid e-mail address. Sponsor will reply by e-mail within twenty-four (24) hours of Sponsor’s receipt of Winner’s Private Message with an Affidavit of Eligibility and Publicity (“Affidavit”). In order to receive a prize, Winner must return to Sponsor by e-mail the fully executed Affidavit within three (3) days from date of Sponsor’s e-mail. If for any reason Winner is not able to e-mail to Sponsor the fully executed Affidavit, Winner can send to Sponsor via first class mail the fully executed Affidavit to: Hot Topic, Inc., 18305 San Jose Ave, City of Industry, CA 91748, Attn: TMNT Sweepstakes. Sponsor must receive the Affidavit no later than seven (7) business days from the date that Sponsor e-mailed the Affidavit to the Winner. Sponsor is not responsible for e-mail, telephone or other communication problems of any kind. If, despite reasonable efforts, a potential winner does not respond within three (3) days of the first notification attempt (or such shorter time as exigencies may require), 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.
11. VERIFICATION OF WINNERS: Potential winners may be required to execute an Entry license or assignment, affidavit of eligibility, liability release, and (where imposing such condition is legal) a publicity release (collectively, "Prize Claim Documents"). If any potential winner fails or refuses to sign and return all Prize Claim Documents within seven (3) days of receipt of such documents (or such shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected. All prizes will be fulfilled within thirty (30) days from Sponsor’s receipt of all necessary documents described herein.
12. Acceptance of a prize constitutes winner’s permission for the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) 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 the Promotion Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made 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. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing Facebook or any website or otherwise participating in the Sweepstakes, 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. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or Facebook or any 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 Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves 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. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. 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.
13. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Missouri without giving effect to any choice of law or conflict of laws rules or provisions. Any legal claims arising out of or relating to the Sweepstakes or these Official Rules must be brought in the federal or state courts located in Los Angeles, California.
14. To obtain any legally-required winners list (after the conclusion of the Sweepstakes) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: Hot Topic, Inc, 18305 San Jose Ave, City of Industry, CA 91748. Please specify "TMNT Sweepstakes winners list" or "TMNT Sweepstakes Official rules" in your request.