Flixster, Inc., under the brand name Rotten Tomatoes, 208 Utah Street, 4th Floor, San Francisco, CA 94103 (“Sponsor”). “Sponsor and its agents” shall mean Sponsor and its advertising/promotional and/or fulfillment agencies and their respective parent companies, affiliates, subsidiaries and their respective employees, officers, directors and agents.
This Sweepstakes is (1) open to legal residents in the 50 United States and the District of Columbia who are 18 years of age or older and are users, in good standing, of Twitter.com (“Twitter”); (2) void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions and wherever prohibited or restricted by law; and (3) subject to all applicable federal, state and local laws. Entrants who are not of the legal age of majority in their state of residence (“Minor”) must have their parents’ or legal guardians’ (“Parent”) consent to participate in the Sweepstakes and such Entry will be deemed to have been submitted by the Parent. Employees or consultants of or any individual who is performing or has performed services for Sponsor, Time Warner, Inc., Warner Bros. Entertainment Inc., NBC Universal, Universal Entertainment and each of their respective affiliates, subsidiaries, divisions, and advertising and promotional agencies and their respective officers, directors and agents (collectively, the “Sweepstakes Entities”) and the immediate family members (parents, step-parents, children, step-children, siblings, step-siblings or spouses, regardless of where they live) and persons living in the same household of each (people who share the same residence at least three months of the year, whether they are related or not) are not eligible to enter or win.
This Sweepstakes begins at 12:01p.m. Pacific Time (“PT”) on January 5, 2016 and ends at 11:59p.m. PT January 7, 2016 (the “Sweepstakes Period”). Sponsor’s computer is the official clock for the sweepstakes.
First, register at Twitter.com for your Twitter account. You must be a registered member of Twitter in order to participate in this Sweepstakes. Membership on Twitter is free and registration can be obtained by going to Twitter.com and following the online instructions to open a free account. If you already have a Twitter account, log on using your Twitter user name and password. Any personal information supplied to Twitter by any participant will be subject to Twitter’s privacy policy which can be located at: http://twitter.com/privacy. Twitter is not affiliated, nor has Twitter sponsored or endorsed this Sweepstakes. If you choose to enter via a mobile Twitter account, standard charges and text messaging rates by your mobile carrier may apply, and you may receive reply messages via text by Sponsor. To stop these messages, please check and adjust your settings on your mobile phone. Sponsor is not responsible for any charges related to tweets made by or messages received via mobile phone.
Next, follow @RottenTomatoes (“Relevant Twitter Feed”) and retweet the marketing message “tweet”, calling for entries (the “Qualified Tweet”) using the “retweet” button. One (1) retweet of a Qualified Tweet during the Sweepstakes Period gets you an entry into the Sweepstakes (“Entry” or “Entries”). If more than one (1) Entry per person 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 be a Qualified Tweet and Entrant will not be entered in the Sweepstakes.
Only one (1) Entry per Twitter account, and only one (1) Entry per household, is allowed during the Sweepstakes Period. If more than one such Entry is submitted only the first such Entry submitted will be accepted. Sponsor reserves the right to void entries by a participant who attempts to obtain more than the allowable entries by using multiple/different e-mail addresses, identities or any other methods.
By entering, entrants agree to comply with these Official Rules including all eligibility requirements. Illegible and/or incomplete Entries and Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor and its agents are not responsible for lost, late, or misdirected Entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the Entries. Proof of entering information at Website does not constitute proof of delivery or receipt. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Sweepstakes is prohibited and may result in the disqualification of the entrant. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the Entry is submitted. All Entries become the sole property of the Sponsor and will not be acknowledged or returned.
Qualified entries will be determined by Sponsor, in their 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. Winner will be selected from among all qualified entries received during the Sweepstakes Period, according to Sponsor’s time clock, in a random drawing on or about January 8, 2016 , by Sponsor or its designee, the judge of the Sweepstakes, whose decisions are final and binding on all matters relating to the Sweepstakes (“Potential Winner” or “Potential Winners”). Entrants need not be online during Potential Winner selection to win. Each Potential Winner will be notified from Sponsor’s direct e-mail account on Twitter to the Potential Winner’s account of the winning entry (“Prize Notification”). Either Potential Winner or if Potential Winner is an eligible minor, a parent or legal guardian of Potential Winner, must provide by Twitter direct e-mail within two (2) days of the date of the Prize Notification (the “Deadline”), his/her full name and mailing address (“Mailing Information”) where Sponsor can send the Prize. The mailing address must be a street address (no P.O. boxes). If a Potential Winner does not provide the Mailing Information in response to the Prize Notification by the Deadline, he/she will be disqualified and an alternate Potential Winner will be selected from all eligible entries received for the original drawing. Potential Winners (or their parents or legal guardians if Potential Winners are an eligible minor) may be required to complete, sign, and return to Sponsor, an Affidavit of Eligibility and Liability/Publicity Release. Once Sponsor receives a Potential Winner’s Mailing Information and if required by Sponsor, a completed and signed Affidavit of Eligibility and Liability/Publicity Release, Sponsor shall declare that Potential Winner is a winner (“Winner”). If an Affidavit of Eligibility and Liability/Publicity Release, and/or parental release are not required by Sponsor, which shall be determined in Sponsor’s sole discretion, a Potential Winner will be named as a Winner upon Sponsor’s receipt of the Mailing Information via email by the Deadline. Sponsor is not responsible for any failure of delivery of the Prize Notification through use of Twitter’s response functionality described in this Section 5. Return of any Prize Notification or Prizes will result in disqualification, and an alternate Potential Winner will be selected in a random drawing from all remaining eligible entries received for the original drawing. Sponsor shall repeat the winner selection and notification procedures set forth in this Section 5 until a qualified Winner has been selected, if time permits.
Grand Prize
One (1) grand prize winner will receive the following:
Total ARV for all Prizes: $99.94
Odds of winning depend on the number of eligible Entries received. Each Entry will have an equal chance of winning.
Selection and specifics of all prizes (collectively, the “Prizes”) will be determined in the Sponsor’s sole discretion. All Prizes are subject to availability. No cash redemption or prize substitution allowed, except by the Sponsor, who reserves the right in its sole discretion to substitute cash value or another prize it believes is of equal or greater value. All Prizes are non-transferable. There is a limit of one Prize per person. All Prizes are awarded “AS IS” and without WARRANTY OF ANY KIND, express or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of the Prizes are at Winners’ sole risk and Sponsor is not responsible for any damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of any such prize. Sponsor reserves the right to not award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.
Any valuation of the Prize(s) stated above is based on information provided to Sponsor. All applicable taxes, including all federal, state, local and other taxes and any other costs or expenses associated with the delivery, acceptance, or use of the Prize(s) not specifically provided for in these official rules are the sole responsibility of each Winner. Winners may be issued a 1099 tax form for the ARV of their Prizes. Winner is solely responsible for reporting and paying any and all applicable taxes. You must contact your own tax advisor for any questions concerning taxes.
By participating in this Sweepstakes, participants agree: (a) to be bound by and abide by these Official Rules, the decisions of the judges which shall be final and binding in all respects, and the Flixster privacy policy (http://www.rottentomatoes.com/privacy/); (b) to the fullest extent permitted by law (excluding only negligence and/or other rights/interests that cannot be waived pursuant to the law of a given jurisdiction), to release and hold harmless Sponsor, Twitter, Inc., and the Sweepstakes Entities and their respective agents from any and all actions, claims, injury, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, or related in any manner directly or indirectly to their participation in the Sweepstakes and/or their participation in any Prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)); and (c) to be contacted by Sponsor via e-mail. By accepting the Prizes, Winners (or if a Winner is an eligible minor as defined in his/her state of residence, his/her parent/legal guardian) consents to the use of the Winner’s name and/or likeness (including his/her voice, biographical information, city and state of residence, statements, and/or photograph(s)) for advertising and promotional purposes without additional compensation (except if Winner is a resident of TN or where prohibited by law) or notice. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials at Sponsor’s sole discretion. Sponsor reserves the right to make changes or additions to these Official Rules and/or extend the dates of this Sweepstakes for any reason at any time. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
In order to participate in this Sweepstakes, entrants may be required to supply certain information about themselves on the Sweepstakes entry pages. Sponsor has specified which information is mandatory in order to participate in the Sweepstakes. This information will be used by Sponsor for the purposes of administering the Sweepstakes. If entrant should elect to receive Sponsor’s updates, news and offers (collectively “Subscriptions”), entrant agrees to also have his/her information used by Sponsor for the purpose of administering his/her Subscription. Subscribing to Sponsor’s Subscription does not affect an entrant’s chances of winning. Subscriber can unsubscribe from the Subscription at any time without affecting his/her chances of winning. The personal information will be collected, processed and used in accordance with the Flixster Privacy Policy. The Flixster Privacy Policy can be found at http://www.rottentomatoes.com/privacy/.
If for any reason the Sweepstakes is not capable of running as planned, including but not limited to infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right to disqualify any individual it finds who tampers with the entry process, operation of the Sweepstakes or Web site, and to cancel, terminate, modify, or suspend the Sweepstakes without notice and to select the winner from all eligible Entries received prior to the cancellation or termination. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or Entry to be received by Sponsor on account of human error, technical problems or traffic congestion on the Internet or at any Web site, theft or destruction, or unauthorized access to, or tampering with or hacking of Website, any combination thereof, or otherwise, including any injury or damage to any entrant’s or any other person’s computer related to or resulting from participation in the Sweepstakes.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in Los Angeles County, California; (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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and the Sponsor in connection with this Sweepstakes 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 or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than those of the State of California.
For a Winners List or a copy of the Official Rules, please send a self-addressed stamped envelope to: Horror Movies Prize Pack List/Official Rules, c/o Rotten Tomatoes, 3601 W. Olive Ave, Suite 600, Burbank, CA 91505, to be received no later than February 8, 2016. VT residents need not affix return postage.
© 2016 Flixster, Inc.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter. Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor at socialmedia@rottentomatoes.com and not Twitter. By entering the Sweepstakes, you understand that you are submitting your information to Sponsor and not to Twitter.
