NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
The “Ultimate Registered User” Drawing (the “Drawing”) may only be entered by residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older. This Drawing is governed exclusively by the laws of the United States.
1. Start/End Dates. Drawings will take place daily at 4:45 pm Pacific Daylight Time (“PDT”) on February 16, 2013 through February 28, 2013 (the “Drawing Period”).
2. How to Enter. To enter the Drawing, entrants must register for a full account on the Marvel Heroes website using a unique email address under their control between 12:01 am PDT on October 2, 2012 and 11:59 pm PDT on February 27, 2013 (the “Entry Period”). Entrants must register here: https://store.marvelheroes.com/en_us/customer/account/create/
No “throw away” or “junk” email addresses will be accepted. Entrants must be able to communicate from the email registered.
3. Eligibility. Participation is open only to legal residents of the fifty (50) United States or the District of Columbia who are at least eighteen (18) years old as of date of entry. Void where prohibited by law. Employees, officers and directors of Sponsor and its parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Drawing materials (collectively, “Released Entities”), and their immediate families (parents, children, siblings, spouse and their respective spouses, regardless of where they reside) or members of the same household (whether related or not) are not eligible. All applicable federal, state and local laws and regulations apply. By participating, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the judges, which will be final and binding in all matters relating to the Drawing. LIMIT ONE ENTRY PER PERSON.
4. Random Drawing/Odds. A total of thirteen (13) potential Prize winners will be selected in random drawings conducted daily at 4:45 pm PDT during the Drawing Period from all eligible entries received during the Entry Period through the prior day. By way of example, the random drawing held on February 16, 2013 at 4:45 pm PDT will be selected from all eligible entries received from 12:01 am PDT on October 2, 2012 through 11:59 pm PDT on February 15, 2013. Odds of winning depend on the number of eligible entries received.
5. Drawing Prizes (13). Founders Program Ultimate Pack. Approximate retail value (“ARV”) of Prize: $199.00 each. Total ARV of all prizes combined: $2,587.00. Prize will be awarded as a unique sixteen (16) digit code (“Code”) which must be redeemed within two (2) days of being received. Only one (1) Drawing Prize awarded per person.
For Drawing Prizes: No substitutions or cash redemptions. Sponsor reserves the right to substitute a prize of comparable or greater value, at its sole discretion. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. All federal, state and local taxes and any costs and expenses associated with prize acceptance and use not specified herein as being provided are the responsibility of winners. All prize details are at Sponsor’s sole discretion.
6. Winner Notification/Prize Award. All potential winners will be notified by email sent to the email address used to register on the Marvel Heroes website. Notification email will contain the Code for prize redemption. If any winner does not redeem his/her prize within (48) hours of receipt of the prize notification, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize, or in the event of noncompliance with these Official Rules, such prize will be forfeited and, at Sponsor’s discretion, an alternate winner may be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given and Sponsor will have no further obligation to winner.
7. Conditions. Participation in Drawing and acceptance of prize constitutes each winner’s permission for Sponsor and its designees to use his/her name, likeness, image, photograph, address (city and state), biographical materials, and statements made regarding the Drawing or Sponsor for advertising and promotional purposes, in any and all media now known or hereafter developed, worldwide, in perpetuity, in any manner, without notice, permission or additional compensation, except where prohibited by law. By participating, entrants and winners agree to release, indemnify and hold harmless Released Entities from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to or participation in Drawing, or possession, acceptance and/or use or misuse of prize or participation in any Drawing-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Released Entities are not responsible if Drawing cannot take place due to delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other causes outside Sponsor’s reasonable control.
8. Additional Terms. In case of dispute as to the identity of any entrant, entries will be declared made by the authorized account holder of the e-mail address submitted at time of registration and he/she must comply with these Official Rules. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the e-mail address associated with the winning entry. Any other attempted form of entry is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Released Entities are not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, inaccurate, garbed, delayed or misdirected emails or registrations; or for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Drawing, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Drawing or downloading any materials in this Drawing or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Drawing, including, without limitation, errors or difficulties which may occur in connection with the administration of the Drawing, the processing of registrations, the announcement of the prizes, or in any Drawing-related materials. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Drawing should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes corrupt or affect the administration, security, fairness or proper conduct of the Drawing. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Drawing or website and to void all associated registrations. Sponsor may prohibit an entrant from participating in the Drawing or winning a prize (and void all associated registrations) if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Drawing by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEMDIES (NCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Drawing. Any controversy or claim arising out of or relating to these Official Rules and/or the Drawing shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, City of New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Drawing, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York. The parties agree not to raise the defense of forum non convenes.
12. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by March 30, 2013 to: Marvel Heroes Community: “Ultimate Registered User” C/O Gazillion, Inc., Box 6594 135 W 25th Ave San Mateo, CA 94403.
13. Sponsor. Gazillion, Inc., Box 6594 135 W 25th Ave San Mateo, CA 94403.