The “Horror Unleashed” Sweepstakes (the “Sweepstakes”) is intended for participation only in the United States and shall be construed according to, and governed exclusively by, United States law. Do not participate in the Sweepstakes if you are not a legal resident of the United States physically located in the United States at the time of entry or do not fall within the eligibility requirements set forth in the Official Rules below.
The “Horror Unleashed” Sweepstakes
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
PROMOTION DESCRIPTION: The Sweepstakes begins on or about September 28, 2009 at 12:01 a.m. Eastern Standard Time (“EST”) and ends on October 31, 2009 at 11:59 p.m. EST (the “Promotion Period”). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Gorilla Nation Media, LLC (“Sponsor”), 5140 Goldleaf Circle, 3rd Floor, Los Angeles, CA 90056, which shall be final and binding in all respects.
ELIGIBILITY: Only legal residents of the fifty (50) United States (and the District of Columbia) who are eighteen (18) years of age or older and located in the United States at the time of entry are eligible to enter. Sponsor, Sony Pictures Home Entertainment Inc., and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (and immediate family members and those persons living in the same household of any such officers, directors and employees) (collectively, the “Promotion Entities”), are ineligible to enter the Sweepstakes or win the prize.
HOW TO ENTER: To enter online, visit the web site located at the URL www.HorrorUnleashed.com (the “Website”) and complete the entry form. All entries must be actually received by no later than the end of the Promotion Period in order to participate. The Website's database clock will be the official time keeper for this Sweepstakes. Limit one (1) entry per person and/or per e-mail address during the Promotion Period. Multiple entries submitted by the same person in excess of the stated limit will be disqualified. All required information on the entry form must be completed to enter and to be eligible to win. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry. Any communication, data or other information transmitted by an entrant in connection with the Sweepstakes, whether by electronic mail, data survey/query or otherwise, is and will be treated as non-confidential and non-proprietary. Entries become the exclusive property of the Sponsor and will not be returned.
NOTE: Internet entry must be made by the entrant only at the Website. Entries made by any other individual or any entity (including automated or robotic entries submitted by individuals or organizations), and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device to automate the entry process is prohibited.
WINNER NOTIFICATION: The winner will be randomly selected from all eligible entries received throughout the Promotion Period at the corporate Sponsor’s headquarters in Los Angeles, CA. The random drawing will be conducted on or about September 24, 2009, by Sponsor or its designated representatives, whose decisions are final. The potential winner will be notified by telephone and/or mail and/or email, using the contact information given at the time of entry, on or about five (5) days after the random drawing. If any potential winner cannot be reached after a reasonable effort has been exerted, he/she is found to be ineligible, he/she cannot or does not comply with these Official Rules, and/or if his/her prize or prize notification is returned as undeliverable, such potential winner will be disqualified and an alternate potential winner will be selected at Sponsor’s sole discretion. Sponsor shall not have any liability for any winner notification that is not received by the potential winner for any reason. For the name(s) of the winner(s), send a self-addressed stamped envelope, which must be received by no later than December 31, 2009 to the Sponsor at its above address.
PRIZE/ODDS: One (1) winner will receive the Grand Prize "Boo-ray High Death-inition” package consisting of (i) one (1) PS3 Slim (Approximate Retail Value (“ARV”): USD$299.99), (ii) one (1) 40" HD TV (ARV USD $899.99) and (iii) one (1) copy of each of the following Blu-Ray titles: Secret Window, Bram Stoker's Dracula, Prom Night, The Exorcism of Emily Rose, I Know What You Did Last Summer, Silent Hill, Hostel, Hostel Part II, The Grudge, Zombie Strippers (combined ARV: USD$250).
The approximate retail value of the Grand Prize is USD$1,449.98 US. Prizes are non-assignable and non-transferable. No cash alternative or prize substitutions will be allowed except that Sponsor retains the right to substitute a prize of comparable or greater value (or at Sponsor's election, the cash value of the applicable prize) in the event a stated prize is unavailable, in whole or in part, for any reason. Odds of winning depend on the number of eligible entries received during the Promotion Period.
WARNING: The prize item is real; not a toy! The prize awarded in this Sweepstakes is intended for adult use only. It is dangerous if used at all, and certainly if it is not used properly. The prize is nontransferable and not for sale to minors or to any other person or entity. The entrant who accepts and receives the prize does so knowingly, fully appreciating and accepting the actual or potential risk of death or injury that this item presents. By accepting the prize, entrant personally assumes all risks of injury or death, and hereby releases the Promotion Entities from any and all liability of any kind, as a result of or arising from the acceptance, receipt, possession, use and/or misuse of the prize.
GENERAL PRIZE CONDITIONS: The winner shall be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize awarded. Winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner is not of legal age of majority in his or her state of residence (a “minor”), at Sponsor’s option, the applicable prize either will be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner will be required to ratify and sign Prize Claim Documents. If a winner (or, in the case of a minor, such minor winner's parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification, the winner may be disqualified and an alternate winner may be selected.
GENERAL OPT-IN FEATURE OF SWEEPSTAKES: Notwithstanding anything in the Website privacy policy that suggests otherwise, this Sweepstakes contains an optional “opt-in” feature which allows entrants to receive more information from a Promotion Entity. By selecting the checkbox to receive such information you are consenting to the transfer of the information submitted in your Sweepstakes entry form to such Promotion Entity and such information may be used by such Promotion Entity to send emails or other correspondence. If you choose to opt-in to receive communications from a participating Promotion Entity, your entry information will be subject to that Promotion Entity’s privacy policy and terms of service (if applicable). The privacy policy for any Promotion Entity participating in an opt-in will be accessible from the Sweepstakes entry form.
GENERAL RELEASE: Notwithstanding anything to the contrary in Sponsor’s privacy policy and except where prohibited by law, entry into the Sweepstakes and/or a winner’s acceptance of a prize constitutes permission of such winner (or, if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) for Sponsor to use, without further notice or compensation, worldwide, and in perpetuity, in any and all forms of media, now known and hereafter devised, winner’s first name, last initial, city and state for purposes of advertising, trade, promotion and publicity. Each entrant agrees that the Promotion Entities (A) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Sweepstakes or in 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. In the event of a dispute as to the identity of an entrant which cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible. 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 the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like 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.
By entering the Sweepstakes, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes or any prizes awarded, 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 or contest, but in no event will attorneys' fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
MISCELLANEOUS: Sponsor is not responsible for lost, late, stolen, misdirected, mutilated or illegible entries nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entries or for technical, network, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entries by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If for any reason, including infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes, the administration, security, fairness, integrity or proper conduct of the Sweepstakes is corrupted or affected, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. In addition, if for any reason, in its sole discretion, Sponsor determines that the Sweepstakes should not or cannot be run as planned, Sponsor may cancel, terminate, modify or suspend the Sweepstakes.
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, that determination shall not affect the remainder of these Official Rules, which shall be construed in accordance with their terms as if they did not contain the invalid or illegal provision.
All decisions of the Sponsor related to the Sweepstakes are final and binding, without appeal.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS, SPONSOR, AND PROMOTION ENTITIES IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
PRIVACY: All entrants acknowledge that if they are chosen as a winner, certain of their personally identifying information may be disclosed to third parties at least as required by law, including, without limitation, on a winner’s list.
