The "Lost Boys The Tribe" Sweepstakes (the "Sweepstakes") is intended for participation only in the United States and the District of Columbia, excluding Rhode Island, and shall be construed according to, and governed exclusively by, United States law. Do not participate in the Sweepstakes unless you meet the eligibility requirements set forth below and are physically located in the United States or the District of Columbia at the time of entry. "Lost Boys The Tribe" Sweepstakes NO PURCHASE NECESSARY PROMOTION DESCRIPTION: The "Lost Boys The Tribe" Sweepstakes begins on July 15, 2008 at 12:01 a.m. Eastern Standard Time ("EST") and ends on September 15, 2008 at 11:59 p.m. EST (the "Promotion Period"). At the end of the Promotional Period, a drawing will be conducted to select the winners of the prizes as set forth more fully below. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of TI Beverage Group, Ltd., 9107 Wilshire Blvd., Ste. 425, Beverly Hills, CA 90210 ("Sponsor"), which shall be final and binding in all respects. ELIGIBILITY: Only legal residents of the United States and the District of Columbia, excluding Rhode Island, located in the United States at the time of entry who are eighteen (18) years of age or older are eligible to enter. VOID WHERE PROHIBITED. Officers, directors, and employees, and immediate family members of any such officers, directors and employees (parents, children, siblings, spouses) and those persons living in the same household of any such officers, directors and employees(whether related or not) of Sponsor, and each of Sponsor’s parents, subsidiaries, affiliates, distributors, retailers, sales representatives, and advertising and promotion agencies, and any other person associated with Sponsor, including Warner Home Video, its parents, subsidiaries, affiliates and any other person associated with SPHE (collectively, the "Promotion Entities") are ineligible to enter the Sweepstakes or win a prize. HOW TO ENTER: To enter, visit the web site "http://www.vamp-nrg.com/contest" (the "Website") or access the Website via the link provided at www.vamp-nrg.com and complete the registration form by filling in the information required. Click "Submit " and you will automatically be entered into the Sweepstakes. Limit one (1) entry per person per e-mail address per entire Promotion Period. Entries in excess of this limit will be void. All entries must be received by September 15, 2008 at 11:59 p.m. EST in order to be eligible. The Website's clock will be the official time keeper for this Sweepstakes. All required information on the entry form at the Website must be completed to enter and to be eligible to win. Except as otherwise provided in these Official Rules, such information will be used in accordance with the Website's privacy policy. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry. PRIZE/ODDS:
Odds of winning depend on the number of eligible entries received during the Promotion Period. Prizes will be delivered only to an address in the United States or the District of Columbia. Limit one prize per person. All prizes are nonassignable and nontransferable. No cash alternative or prize substitutions will be allowed except that Sponsor retains the right to substitute a prize or prize component of comparable or greater value (or at Sponsor's election, the cash value of the applicable prize or prize component) in the event a stated prize or prize component is unavailable, in whole or in part, for any reason. Winners are solely responsible for all costs, incidentals, and any other expenses not specifically mentioned as being included. GENERAL PRIZE CONDITIONS: Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The Grand Prize winner will receive a Form 1099 from the Sponsor for the total ARV of Prize (stated above) that he/she won in the calendar year that he/she won. Potential winners will be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, "Prize Claim Documents"). If a potential winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification, the potential winner may be disqualified and an alternate potential winner may be selected. Any prizes depicted in promotional packaging or otherwise in connection with this Sweepstakes are for illustrative purposes only and may not represent the actual prize(s) that is(are) awarded. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern. Details of prizes or parts thereof not specified herein are at the sole discretion of Sponsor. GENERAL RELEASE: Acceptance of a prize constitutes winner’s (his/her parent/legal guardian’s if winner is a resident of a jurisdiction that deems him/her to be a minor) permission for Sponsor 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 notice or compensation, unless otherwise prohibited by law or Sponsor’s Privacy Policy. Additionally, by opting-in to specific offers from any of the Promotion Entities, entrant’s entry information will be subject to their respective privacy policies and terms of service and entrant agrees to receive additional email communication from those companies. Entrants (their parents/legal guardians if residents of a jurisdiction that deems them to be minors) agree 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. Entrants (their parents/legal guardians, if residents of a jurisdiction that deems them to be minors) further agree to indemnify and hold harmless the Promotion Entities from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Promotion Entities. Promotion Entities assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the Website or 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, Promotion Entities are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or 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 human error; 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 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. In the event of a dispute as to the identity of an entrant, any on-line entry will be deemed submitted by the authorized account holder of the e-mail account from which it was sent, provided such account holder must still meet the eligibility requirements for the Sweepstakes. The authorized account holder shall be the natural person to whom email address has been assigned by the Internet access provider, other applicable 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. If a dispute cannot be resolved, the entry will be deemed ineligible. 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. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these 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 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. ARBITRATION PROVISION: By participating in this Sweepstakes, each entrant (his/her parent/legal guardian’s if winner is a resident of a jurisdiction that deems him/her to be a minor) agrees that: any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of, or connected in any way with: (i) the Sweepstakes, (ii) the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the "Forum") and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed by the participant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or Sponsor’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated, the arbitrator shall not have the power to award punitive damages against the participant or Sponsor. In the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceeds $125, and the participant is unable (or not required under the applicable Code of Procedure) to pay the additional fees and deposits, Sponsor agrees to pay them and/or forward them on the participant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if the participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the participant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. For more information on the Forum and/or the Forum’s Code of Procedure, please visit their website at www.arb-forum.com or contact them at National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, (877) 655-7755. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. WINNER’S LIST/OFFICIAL RULES: If feasible, and as legally required, the name of the prize winner(s) and these Official Rules will be posted on the Website. Alternatively, to obtain a copy of the Official Rules or Sweepstakes winners list, send a self-addressed stamped envelope to "Lost Boys The Tribe" Sweepstakes Official Rules or Sweepstakes Winners List, c/o TI Beverage Group, Ltd., 9107 Wilshire Blvd., Ste. 425, Beverly Hills, CA 90210. All such requests must be received by October 31, 2008. Vermont residents may omit return postage on Official Rules requests. |