1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES: “Elf” Sweepstakes (the “Sweepstakes”) is sponsored by Hollywood.com, Inc., having its principal place of business at 2255 Glades Road, Suite 221 A, Boca Raton, Florida 33431. The Sweepstakes entry period begins on October 27, 2003 at 5:00 p.m. (Eastern Time) and ends on November 17, 2003 at 11:59 p.m. (Eastern Time) (such period, the “Entry Period”).
(a)Online Entries: To enter the Sweepstakes online, visit the Sweepstakes Site at https://www.hollywood.com/movies/story/t5/feature/1730576 in Hollywood.com’s World Wide Web site on the Internet (http://hollywoodcom.wpenginepowered.com) during the Entry Period. All of the Sweepstakes information will be posted at the Sweepstakes Site throughout the Entry Period. To be eligible to participate, each entrant will be asked to submit an official entry form, which may include, among other things, his/her name, address, e-mail address, date of birth and related registration information as prompted (the “Official Entry Form”). A random drawing of the winners will take place on November 25, 2003. Participants may enter only once during the Entry Period. Limit of one entry per person and per household, regardless of method of entry. Duplicate entries from the same e-mail address/household will be automatically eliminated. Where a dispute arises about who submitted an online entry, the entry will be deemed submitted by the authorized account holder of the corresponding e-mail account. The authorized account holder shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. Online entries must be received by 11:59 p.m. Eastern Time, November 17, 2003. Odds of winning depend on the number of eligible entries received and are equal regardless of method of entry. Any online Official Entry Forms received after 11:59 p.m. (Eastern Time) on Monday, November 17, 2003 will not be eligible to be included in the drawing and shall be disregarded. The above-noted November 17, 2003 deadline is final.
(b) Mail-In Entries: Participants may also enter by hand printing their name, date of birth, address and telephone number on a postcard or in a letter and mailing it to Entry, “Elf” Sweepstakes, Hollywood.com, Inc., 2255 Glades Road, Suite 221A, Boca Raton, Florida 33431. All mailed entries must be postmarked by no later November 17, 2003 and received no later than 5:00 p.m. November 24, 2003. Any mailed entries received after 5:00 p.m. (Eastern Time) on November 24, 2003 will not be eligible to be included in the drawing and shall be disregarded. Participants may enter only once during the Entry Period. Limit of one entry per person and per household, regardless of method of entry. Duplicate entries from the same mailing address/household will be automatically eliminated. Odds of winning depend on the number of eligible entries received and are equal regardless of method of entry.
2. ELIGIBILITY: This Sweepstakes is open to any individual who is, as of the beginning of the Entry Period (a) a legal resident of the continental U.S. (excluding Alaska, Hawaii, Rhode Island, Guam, Puerto Rico, and all other U.S. territories and possessions) (the “Eligibility Area”); and (b) 18 years of age or older as the date of entry. Employees, officers, directors and agents (and their immediate families and household members regardless of where they live, or members of the same households (whether related or not)) of Hollywood Media Corp., New Line Cinema, AOL Time Warner, and their respective divisions, affiliates, subsidiaries, agents and advertising agencies (collectively, the “SWEEPSTAKES PROVIDERS”), are not eligible to participate in the Sweepstakes or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. All applicable federal, state and local laws and regulations apply.
3. PRIZES: One (1) Grand Prize winner shall receive an “Elf” Prize Pack which contains: (a) one (1) $100.00 shopping spree at the New Line Shop; (b) one (1) “Elf” CD soundtrack; (c) one (1) “Elf” hat; (d) one (1) “Elf” movie poster; and (e) one (1) Buddy the Elf syrup. Approximate retail value of the Grand Prize is $160.00. Five (5) runners up will each receive an “Elf” gift pack, which includes: (a) one (1) “Elf” movie poster; (b) one (1) “Elf” CD soundtrack; and (c) one (1) “Elf” T-shirt. Approximate retail value of each “Elf” runner up gift pack is $50.00, with an aggregate value for all runners up prizes of $250.00. Total approximate retail value of all prizes is $410.00. All prizes listed above are subject to certain restrictions and qualifications of the Sweepstakes Providers. Except where otherwise expressly noted in these Official Rules, the selection of all vendors, prizes, products and services is subject to the Sweepstakes Providers’ sole and absolute discretion. Prizes (and/or any portion thereof) are nontransferable and non-exchangeable. No substitutions or cash redemption of prizes are permitted except that Hollywood retains the right to substitute a prize of comparable or greater retail value (or at Hollywood’s election, the cash value of the applicable prize). Additional restrictions may apply.
4. PRIZE DRAWING: The potential Prize Winners will be selected in a random drawing from all entries received that are eligible for the drawing. The drawing will be held after 5:00 p.m. Eastern Time on November 25, 2003. The drawing will be conducted by Hollywood.com, Inc. (together with its divisions, affiliates, officers, subsidiaries, agents and employees, “Hollywood”) whose decisions are final and binding on all aspects of this Sweepstakes. The potential Prize Winners will be notified on or about November 26, 2003, by e-mail, mail and/or telephone. Failure of the potential Prize Winners to respond within ten (10) days from such notification referred to above may result in disqualification and the selection of alternate Prize Winners. Alternate Prize Winners will be selected in the event the prize cannot be awarded to the potential Prize Winners drawn.
5. CONDITIONS, DISCLAIMERS, AND LICENSE: By entering this Sweepstakes, each entrant agrees to be bound by these Official Rules and by all decisions of the Sweepstakes Providers (which decisions are final and binding on all matters relating to the Sweepstakes, including fact, interpretation, eligibility, procedure and fulfillment), and to comply with all applicable federal, state and local laws and regulations. In the event of non-compliance, the potential winner will be disqualified and alternate prizewinners may be selected. Entries and other submitted materials become the property of the Sweepstakes Providers and/or its promotional partner(s) and will not be acknowledged or returned. Neither the Sweepstakes Providers nor Internet access providers are responsible for incomplete, late, lost, stolen, misdirected or postage-due mail or for any technical malfunction, human or other error, lost/delayed data transmission, omission, interruption, deletion, defect, or line failure in connection with any telephone network, computer equipment, software or any combination thereof. Entries are void if unreadable, inaccurate, mutilated, tampered with, forged, mechanically reproduced, irregular in any way, or otherwise not in compliance with these Official Rules. The Sweepstakes Providers make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished or made available in connection with the Sweepstakes. Although Hollywood attempts to ensure the integrity of the Sweepstakes, the Sweepstakes Providers are not responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including entrants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. The Sweepstakes Providers are not 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 downloading materials from or using the Sweepstakes Site. If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Hollywood, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, Hollywood reserves the right in its sole and absolute discretion to cancel, terminate, modify, or suspend all or any part of the Sweepstakes, and in the event of cancellation or termination, to select the winners from among all eligible, non-suspect entries received up to the time of such cancellation or termination. Proof of mailing or submitting entry will not be deemed receipt of such entry by the Sweepstakes Providers.
All taxes (including without limitation Federal, state and local taxes) in connection with any prize, and the reporting consequence thereof, are the sole responsibility of the Prize Winners. The Prize Winners at the sole discretion of Hollywood may each be required to sign a notarized affidavit of eligibility and compliance with these Official Rules, liability release, publicity release (unless prohibited by law), address verification and other registrations and participation information requested by Hollywood and the other Sweepstakes Providers (unless prohibited by law). You are not a winner until your submissions are validated. Failure to complete, sign and return all required documents within fourteen (14) days of delivery to potential winner’s claimed address or return of prize or prize notification as undeliverable may result in disqualification and selection of an alternate winner, at the sole discretion of Hollywood.
By entering this Sweepstakes, unless prohibited by law, each potential winner consents to use by the Sweepstakes Providers of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation and the potential winner may be required to provide a signed release acknowledging such consent. Moreover, by entering this Sweepstakes, unless prohibited by law, the potential prize winners agree to grant to the Sweepstakes Providers, and their respective licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the prize winners’ respective name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Hollywood in its sole discretion.
6. CONDUCT: THE OFFICIAL RULES WILL BE POSTED AT THE SWEEPSTAKES SITE THROUGHOUT THE ENTRY PERIOD. BY ENTERING AND PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT REPRESENTS AND WARRANTS THAT ALL INFORMATION PROVIDED BY ENTRANT IN CONNECTION WITH THE SWEEPSTAKES IS TRUE, ACCURATE AND COMPLETE. THE SWEEPSTAKES PROVIDERS RESERVE THE RIGHT, AT ANY TIME AND AT THEIR SOLE DISCRETION, TO DISQUALIFY AND/OR DEEM INELIGIBLE TO PARTICIPATE IN THIS SWEEPSTAKES OR ANY FUTURE SWEEPSTAKES OR OTHER PROMOTIONS OF THE SWEEPSTAKES PROVIDERS, ANY INDIVIDUAL IT SUSPECTS: TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE SWEEPSTAKES OR THE SWEEPSTAKES SITE; TO BE ACTING IN VIOLATION OF THE OFFICIAL RULES OR THE SWEEPSTAKES SITE’S TERMS OF SERVICE, PRIVACY POLICY OR OTHER TERMS, CONDITIONS OR GUIDELINES; TO BE ACTING IN BAD FAITH OR IN A DISRUPTIVE MANNER, OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON; TO HAVE FAILED TO AGREE TO THESE OFFICIAL RULES; OR TO BE IN VIOLATION OF THESE OFFICIAL RULES. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY INTERNET SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD HOLLYWOOD BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, HOLLYWOOD RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) IN THE ATTEMPTED DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.
7. RELEASE AND INDEMNIFICATION: BY ENTERING THE SWEEPSTAKES, ENTRANTS RELEASE AND HOLD THE SWEEPSTAKES PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
8. LIMITATION OF LIABILITY: IN NO EVENT WILL THE SWEEPSTAKES PROVIDERS 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 ANY ACCESS TO AND/OR USE OF THE SWEEPSTAKES SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES SITE, THE REMOVAL FROM THE SWEEPSTAKES SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE SWEEPSTAKES PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. GOVERNING LAW: The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of Florida (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in Florida and where the relevant contacts are with such state. All applicable federal, state, and local laws and regulations apply.
10. MISCELLANEOUS:
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(a) Privacy: Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules and Hollywood’s Privacy Policy (as may be amended from time to time), currently located at https://www.hollywood.com/about_us/info/id/468709; and also in accordance with the consent given by entrants at the time of entry; provided, that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.
(b) Severability; Headings: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
(c) Winners: For a list of winners, send a self-addressed stamped envelope after November 26, 2003 to: Winners List, “Elf” Sweepstakes, Hollywood.com, Inc., 2255 Glades Road, Suite 221A, Boca Raton, Florida 33431. Requests for Winners List must be received by December 26, 2003.
(d) Rule Requests: To receive a copy of these complete rules, send a self-addressed, stamped envelope to: Official Rules, “Elf” Sweepstakes, Hollywood.com, Inc., 2255 Glades Road, Suite 221A, Boca Raton, Florida 33431. Requests for Official Rules must be received by December 26, 2003. VT residents may omit return postage.
