Wanted Sweepstakes
A Sweepstakes with Imaginova Corp.
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. ENTRY IS FREE. THE PRIZE WILL BE AWARDED.
The Sweepstakes entry period begins on November 21, 2008 at 12:00 p.m. Eastern Time ("ET"), and ends on December 19 , 2008 at 4:59:59 p.m. ET (the "Sweepstakes Period").
1. ELIGIBILITY: This Sweepstakes is open to any individual who is, as of the beginning of the Sweepstakes Period, a legal resident of one of the 50 United States, the District of Columbia (excluding Puerto Rico, the U.S. Virgin Islands and U.S. military installations located in a foreign country) or Canada (excluding the Province of Quebec) who is physically located and residing therein and 18 years of age or older as of November 21, 2008. Void outside of the eligibility area and where otherwise taxed, prohibited or restricted by law. Imaginova Corp. ("Imaginova") and Universal Studios Home Entertainment LLC ("USHE"), their parents, respective affiliates, subsidiaries, divisions, trustees, franchisees, participating vendors, distributors, retailers, sales representatives, advertising, promotional partners and promotion agencies and each of their respective officers, directors, and employees (and the immediate family members and those persons living in the same household of any such officers, directors and employees)(collectively, the "Sweepstakes Entities") are not eligible
2. HOW TO ENTER:
(a) ENTRY GUIDELINES, ODDS OF WINNING AND RESTRICTIONS:The use of robotic, automatic, macro, programmed or like methods (including without limitation the use of any promotion/sweepstakes subscription, notification, entry or like sites or service that offers sweepstakes entry services "on behalf of" entrant) is strictly prohibited. Odds of winning are determined by and depend upon the total number of eligible entries received. Limit one entry per person and/or e-mail account. If you attempt to enter the Sweepstakes in a manner other than as permitted in these Official Rules, then upon discovery by Imaginova, your entry will be deemed void and ineligible and you may be disqualified from further participation in the Sweepstakes and/or any future Imaginova sweepstakes or other promotions. Proof of entering Sweepstakes online will not be deemed by Imaginova to constitute proof of delivery or receipt of entry. No changes to any entry materials or information will be permitted once submitted. All entries become the property of Imaginova and will not be acknowledged or returned.
3. OFFICIAL PRIZE SCHEDULE AND APPROXIMATE RETAIL VALUES:
(a) SELECTING THE WINNERS: On or around December 29, 2008, a potential winner ("Potential Winner") will be selected by Imaginova from among all eligible entries received during the Sweepstakes Period. The Grand Prize winner will be selected randomly from all eligible entries. Imaginova will use commercially reasonable efforts to contact Potential Winner within two (2) days after the actual date of Imaginova's selection of a Potential Winner by email. Inability of Imaginova to contact a Potential Winner, or return of Imaginova emails or prize notifications as "undeliverable" for any reason, may result in disqualification of such Potential Winner and selection of an alternate winner from among all remaining eligible entries. Potential Winners, where permitted by law, may be required by Imaginova to execute and return an Affidavit of Eligibility and a Liability Release (the "Affidavit/Release") and/or a completed IRS W-9 form within ten (10) days following Imaginova's notification. If a Potential Winner is under the age of 21, Imaginova may require such Potential Winner to have a parent or legal guardian execute Potential Winner's Affidavit/Release as well. Noncompliance within such ten (10) day requirement, or inability or unavailability of a Potential Winner to accept a prize for any reason, may result in disqualification of such Potential Winner and selection of an alternate winner from among all remaining eligible entries.
(b) PRIZES AND APPROXIMATE RETAIL VALUE:
A total of one (1) grand prize: A 4 day/3-night trip for two (2) to Glasgow or Edinburgh, Scotland to attend a private dinner with Wanted creator Mark Millar. Information about dinner location to be determined based on itinerary. Trip includes round trip coach airfare from major commercial airport near winner's residence (Sponsor's choice), hotel accommodations, dinner with Mark Millar, airport transfers, and $500.00 spending money (Estimated Retail Value ("ERV"): $3,000).
Grand Prize package does not include insurance, telephone charges, personal expenses, gratuities, incidental charges, or any other item not specifically described in these Official Rules. All expenses for any of the forgoing are the responsibility of the Grand Prize winner. The Actual Retail Value ("ARV") for the travel prizes may vary depending on the point of departure, and fare fluctuation. Grand Prize winner must confirm travel reservation by March 31, 2009. Travel must be completed by December 1, 2009. Trip is subject to air/ground travel availability. Prize and travel restrictions may apply. Grand Prize winner and their travel companions must travel together on the same itinerary and must have valid travel documents prior to departure. Airline carrier's regulations and conditions and any other restrictions may apply to Prize travel. Each Grand Prize Winner's travel companion must sign and return a Liability/Publicity Release prior to the issuance of travel documents, except where prohibited by law.
(c) ADDITIONAL TERMS AND CONDITIONS GOVERNING PRIZE:
Prize subject to availability. No substitutions or cash redemptions for the prize is available and the prize is not transferable, redeemable, assignable or exchangeable, except that Imaginova reserves the right in its sole discretion to substitute with either the cash value of the prize that would otherwise have been awarded, or a prize or prizes of equal or greater value, in the event that (i) such prize is unavailable, or (ii) the Winner is unable to receive, accept or assume responsibility for the prize for any reason. All taxes, incidentals and other expenses associated with the prize are the Winner's sole responsibility.
4. DISQUALIFICATION/INELIGIBILITY: Without limiting any other provision of these Official Rules, Imaginova reserves the right, at any time and in its sole discretion, to disqualify and/or deem ineligible to participate in this Sweepstakes or any future Imaginova sweepstakes or other promotions, any individual it suspects: to be tampering with the entry process or the operation of the Sweepstakes or other terms, conditions, or guidelines applicable to the Site or Sweepstakes; to be in violation of these Official Rules; to be acting in bad faith; or to be annoying, abusing, threatening or harassing any other person in connection with the Sweepstakes or the Site. Furthermore, Imaginova reserves the right, in its sole and absolute discretion, to disregard and/or deem void any or all of such entrant's entries in the Sweepstakes. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES OR THE SITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, IMAGINOVA RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
5. RELEASE AND INDEMNIFICATION: BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE (A) TO BE BOUND BY THE OFFICIAL RULES AND THE DECISION OF THE JUDGES, AND (B) TO RELEASE, INDEMNIFY AND HOLD HARMLESS IMAGINOVA, NISSAN, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS AND OFFICERS, AND EMPLOYEES FROM ALL LIABILITY, CLAIMS, OR DAMAGES ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, THEIR PARTICIPATION AND/OR THEIR ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED.
6. DISCLAIMERS; LIMITATION OF LIABILITY: : No responsibility is assumed by Imaginova or the Sweepstakes Entities for lost, late, incomplete, misdirected, inaccurate, incorrect, corrupted or unusable entries; incorrect or inaccurate online or printed information relating to the Sweepstakes (including typographical errors); any computer, telephone, cable, network, satellite, server, service provider, electronic, power, or Internet or other hardware or software malfunctions, failures, connections or availability; or unauthorized human intervention. Although Imaginova and the Sweepstakes Entities attempt to ensure the integrity of the Sweepstakes, neither Imaginova nor the Sweepstakes Entities are responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including entrants' or other individuals' attempts to circumvent these Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Neither Imaginova nor the Sweepstakes Entities are responsible for injury or damage to entrant's or to any other person's computer(s), other equipment or person(s), related to or resulting from participation in the Sweepstakes or using the Site. If, for any reason, the Sweepstakes is not capable of running as planned for any reason, Imaginova reserves the right to cancel, terminate, modify or suspend all or any part of the Sweepstakes, and to select a winner from among all eligible entries received up to the time of such cancellation, termination, modification, or suspension, as applicable, in accordance with these Official Rules. IN NO EVENT WILL IMAGINOVA OR THE SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THE SWEEPSTAKES, ANY ACCESS TO AND/OR USE OF THE SITE, OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. Any action against Imaginova in connection with or related to these Sweepstakes must be brought within one (1) year after the cause of action arises.
7. GOVERNING LAW: The substantive laws (as distinguished from the choice of law rules) of the State of New York applicable to contracts made and performed entirely in that state shall govern (a) the validity and interpretation of these Official Rules; (b) the performance by entrant and the Sweepstakes Entities of their respective obligations hereunder; and (c) all other causes of action (whether sounding in contract or in tort) arising out of or relating to the Sweepstakes.
8. MISCELLANEOUS: The failure of Imaginova to exercise or enforce any right or provision of these Official Rules shall not constitute a waiver of such right or provision. If any provision contained in these Official Rules is found by a court of competent jurisdiction to be unlawful, invalid, or for any reason unenforceable, the parties nevertheless agree that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intention of Imaginova and that provision of these Official Rules shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
9. WINNERS LIST: The list of Winners will be posted on the Site on or about January 9, 2009. The Winners list may also be obtained by sending a self-addressed, stamped envelope to: "Wanted Sweepstakes Winner List", c/o Imaginova Corp., 470 Park Avenue South, 9th Floor New York, NY 10016.
10. SPONSORS: The Sponsor of this Sweepstakes is Imaginova Corp. 470 Park Avenue South 9th Floor, New York, NY 10019.