1. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. The Wendy Williams Red Carpet Correspondent for The Hunger Games Premier (the “Contest”) is sponsored by Talk WW Production, Inc. d/b/a “The Wendy Williams Show” (“Sponsor”). The geographic scope of this promotion is in the forty-eight contiguous United States (but excluding Puerto Rico) and the District of Columbia only. Do not proceed in this Contest if you are not a legal resident of and physically residing in the United States, or if you are a legal resident of the United States and you do not fall within the eligibility requirements set forth in the Official Rules below. Contest is subject to all federal, state and local laws. Void where prohibited by law. By entering, participants agree to these Official Rules. Limit one (1) entry per email address during the Entry Period (defined below in Section 5). Only online entries submitted in accordance with these Official Rules will be accepted. No faxed, emailed or mailed entries will be accepted.
2. All participants must be eighteen (18) years old at the time of entry and have Internet access and a valid email account prior to the beginning of the Entry Period. Officers, directors and employees of Lions Gate Films Inc. (“Lions Gate”), Talk WW Production, Inc., Debmar Mercury and any of their respective parents, affiliates, subsidiaries, distributors, suppliers, franchisees, promoters, and agents of any of these (all such individuals and entities collectively referred to herein as the “Contest Entities”), and the immediate families (defined as spouse, parents, siblings or children) of the employees of any of these, are not eligible to enter, to be nominated as a potential winner or to win. Sponsor has the right to verify the eligibility of each entrant. Lions Gate is not responsible for the collection, submission or processing of entries, the administration of the Contest or the selection of winners.
3. Up to two (2) selected winners (individually or collectively, the “Prize Winner”) will receive transportation (train, airfare, etc.), transfers to and from point of entry (ex. airport) and hotel accommodations for one (1) individual for two (2) nights in Los Angeles, CA to attend the premier (the “Premier”) of “The Hunger Games” (the “Film”) currently scheduled to take place on March 12, 2012 where each potential winner will appear on the Red Carpet as a correspondent then attend the Premier. The winner(s) may (in the sole discretion of Sponsor) then receive transportation (train/airfare, etc.), transfers to and from point of entry, hotel and studio and hotel accommodations for one (1) individual in New York, New York for one (1) night and a chance for each winner will appear on an episode of “The Wendy Williams Show” (such travel accommodations and appearance on The Wendy Williams Show at the discretion of the Sponsor). In addition to the travel accommodations, each winner will receive a $200.00 gift card for miscellaneous expenses (collectively, the “Prize”). Prize winner(s) SOLELY responsible for all taxes (including income taxes) resulting from acceptance and use of the prize. Prize winner(s) responsible for all other costs and expenses. The odds of winning the Prize(s) depend on the total number of timely and best entries received during the Entry Period. Winner(s) must be available during the period of March 9-16, 2012 or any other dates designated by Sponsor. Winner(s) must show government issued photo I.D., pass a background check and upon request of Sponsor, potential prize winner(s) must sign and return any required forms, including, without limitation, affidavits of eligibility, prize acceptance and liability and, where imposing such condition is legal, publicity release forms, and IRS-W9 forms. Actual retail value of Prize may vary, depending on products Sponsor selects for winner(s) and travel accommodations. Winner(s) responsible for any and all expenses and fees, including but not limited to taxes, not stated above as part of Prize. Any portion of Prize not used by each winner, if applicable, is forfeited and no cash substitute will be offered or permitted. All federal, state, and local laws apply.
The Premier is currently scheduled to take place on March 12, 2012. If the Prize winner is unable to participate in the Prize trip during the dates set forth by Sponsor, the Prize will be forfeited in its entirety. Nothing set forth herein shall be construed to require Lions Gate to hold the Premier at any particular time, or at all. In the event that the Premier or the red carpet correspondent experience listed in the Prize description do not or cannot take place as scheduled or at all, for reasons included but not limited to scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason, then the Prize winner shall receive the remaining components of the Prize. In this event, the remaining components of the Prizeshall constitute full satisfaction of Sponsor’s prize obligation to the Prize winner, and no other or additional compensation will be awarded.
The Prize Winner shall conduct him/herself with due regard to the public conventions and morals. The Prize Winner shall not, while acting as a red carpet correspondant at the Premier, commit an offense involving moral turpitude under federal, state or local laws or ordinances. The Prize Winner shall not do or commit any act or thing that will tend to degrade the winner and/or Sponsor and/or Lions Gate in society or bring the Winner and/or Sponsor and/or Lions Gate into public hatred, public disrepute, contempt, scorn, or ridicule, or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Contest Entities. Inappropriate conduct, as determined at the sole discretion of the Sponsor and/or Lions Gate, may result in forfeiture and termination of the red carpet correspondent portion of the Prize. In the event the Prize winner engages in behavior that, as determined by Sponsor and/or Lions Gate in their sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor and Lions Gate reserve the right to terminate the trip or other applicable experience early, in whole or in part, and send the Prize winner home with no further compensation. If any Contest Entity so elects, the Prize winner shall be required to submit to a confidential background check to confirm eligibility and help ensure that the attendance of the Prize winner at the Premier and on the red carpet, or the use of the Prize winner in advertising or publicity, will not bring any Contest Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Lions Gate or Sponsor, as determined by Lions Gate or Sponsor in their sole discretion. Should the Prize winner fail to pass the confidential background check, the Prize will be forfeited in its entirety.
4. Prizes may not be transferred or substituted. Any portion of any prize not accepted, claimed or used in its entirety by any winner by any deadlines announced by Sponsor will be forfeited and no substitute will be offered or permitted. All prizes being offered are provided “as is” with no warranty or guarantee either express or implied by Contest Entities. Merchandise prizes carry no warranty other than that offered by manufacturers. Contest Entities have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.
6. Prize winner(s) will be notified by Sponsor by telephone or e-mail in accordance with the information supplied on their entry forms. Time is of the essence in awarding and fulfilling the Grand Prize. As a result, any unwillingness, inability or other failure to travel on the dates specified by the Contest Entities may result in forfeiture of the prize. Prize winner may be asked to appear (i) on the red carpet at the Premier in Los Angeles, CA currently scheduled to take place on March 12, 2012 and (ii) in a tape piece and/or on set in the studio of “The Wendy Williams Show” in New York City during the period of March 9-16, 2012. Prize winner(s) must submit an Affidavit of Eligibility / Release of Liability / Prize Acceptance Form within twenty-four (24) hours of attempted notification and may be required to submit any additional documents required by Lions Gate in connection with attending the Premier and acting as a red carpet correspondent. If any Prize or affidavit or release is returned to Sponsor as undeliverable or if Sponsor does not receive a response from any winner within twenty-four (24) hours of attempted notification, such winner may be disqualified and such Prize will be awarded to an alternate winner. In the event that any potential winner (a) cannot be contacted directly by Sponsor within twenty-four (24) hours from initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) or is otherwise determined to be ineligible, Sponsor may in its discretion disqualify that individual and an alternate winner will be chosen in Sponsor’s sole discretion as soon as reasonably practicable after initial winner is determined to be ineligible.
7. By accepting the prize, winner grants Contest Entities and their advertising and promotional agencies and providers and those acting under their permission the irrevocable and perpetual right to use his/her name, likeness, voice, comments, and entry for advertising, marketing, and publicity purposes without payment of additional consideration, except where prohibited by law. Without limitation to the foregoing, prize winning entry may be highlighted on Sponsor’s Facebook page or any other Contest Entity website. Prize winner grants Contest Entities and their advertising and promotional agencies and providers and those acting under their permission the irrevocable and perpetual right to use their name, likeness, voice, comments, and any photographs or video or audio footage that may be taken, including without limitation in the prize winner’s home, during a shopping trip for prize winner or design consultation (if applicable for a field shoot), for advertising, marketing, and publicity purposes in any form of media, now known or hereafter developed or perfected, without payment of additional consideration or acknowledgement.
8. Each person who enters this Contest represents and warrants as follows: (i) the Entry is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Entry does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Entry does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
9. For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Contest hereby irrevocably grants the Contest Entities and their respective successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Entry throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. The Contest Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which Contest Entities deem necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.
10. Entrants agree that Contest Entities (a) are not responsible for lost, interrupted, or unavailable network, server, or other connections, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not received by Sponsor by the deadlines stated above; (b) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in the Contest or downloading of any software or materials; (c) are released from any and all liability related to the Contest and the receipt and use of the prize; and (d) will not be responsible for the inability to select potential winner(s) because of postal failure, equipment failure, or data storage failure.
11. Sponsor’s interpretation of these Official Rules — including but not limited to rules regarding entries, selection of winners, deadlines, restrictions on prizes, and eligibility — shall control, and all of its decisions are final. By entering, participants agree to these Official Rules.
12. Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Entry to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Entry. Each entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Entry and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Contest Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Contest Entity’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the motion picture currently entitled “The Hunger Games” or any other production based on or allegedly based on the Entry, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
13. Sponsor reserves the right to cancel, terminate or suspend the Contest or any part of the Contest should any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or other causes beyond its control, corrupt or impair the security, administration, fairness and/or operation of the Contest as determined by Sponsor in its sole discretion, at which event, no prizes will be awarded.
14. Sponsor reserves the right to prohibit any entrant from participating in the Contest if, in its sole discretion, Sponsor finds such entrant to be tampering with the entry process or the operation of the Contest, or if such entrant repeatedly shows a disregard for, or attempts to circumvent, these Rules, or acts: (a) in a manner Sponsor determines to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other entrant or any of Contest Entities; or (c) in any other disruptive manner. Any person attempting to defraud or tamper with the Contest in any way will be ineligible for prizes and may be prosecuted to the full extent of the law. Tampering includes attempting to enter more than the number of entries permitted by these rules or by using an automated device for entry. Any failure by the Sponsor to enforce any of these Official Rules shall not constitute a waiver of such Official Rules. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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 INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
15. All activity arising out of and relating to the Contest is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with Sponsor and Lions Gate concerning verification and/or auditing. All references to an entrant’s status as a “winner” are subject to verification and/or auditing by Sponsor. If verification activity or an audit evidences non-compliance of an entry or entrant with the Official Rules as determined by Sponsor in its sole discretion, Sponsor reserves the right to disqualify the entrant and remove the entry from the Contest at any time.
16. BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS CONTEST ENTITIES, AND THEIR RESPECTIVE PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES) WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE CONTEST AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON, AND WHETHER OR NOT EACH CONTEST ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONTEST ENTITIES, AND THEIR RESPECTIVE PARENT, AFFILIATE AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE.
YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD, INSTALLATION, AND/OR USE OF THE CONTEST WEBSITE LINK AND ALL OTHER ELEMENTS OF THIS PROMOTION ARE AT YOUR OWN DISCRETION AND RISK. CONTEST ENTITIES, AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE CONTEST SECTION OF THE WEBSITE AND ALL OTHER ELEMENTS OF THIS PROMOTION IS AT YOUR SOLE RISK. THE CONTEST AND WEBSITE SECTION AND ALL OTHER ELEMENTS OF THIS PROMOTION ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE CONTEST SECTION OF THE WEBSITE AND ALL OTHER ELEMENTS OF THIS PROMOTION AND THE INTERNET. YOU UNDERSTAND THAT CONTEST ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF THE CONTEST SECTION OF THE WEBSITE AND ALL OTHER ELEMENTS OF THIS PROMOTION.
17. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of the Contest or relating to these rules shall be instituted only in the federal or state courts located in the State of New York, County of New York and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. 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 be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
18. For a copy of the Official Rules, visit www.wendyshow.com or for list of the winner(s), mail a self-addressed stamped envelope (“SASE”) to: “Wendy -Hunger Games Contest”, Attn: Production Counsel, “The Wendy Williams Show”, Radio City Station, P.O Box 2078, New York, NY 10019, specifying “Winners’ List” or “Official Rules Request” in a letter with your SASE. Any legally required Winners’ List will be available after March 13, 2012. Requests must be postmarked by April 13, 2012.
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