THE PERFECT GUY FOLLOW BACK TWEETSTAKES OFFICIAL RULES

Transcription

1 THE PERFECT GUY FOLLOW BACK TWEETSTAKES OFFICIAL RULES NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. A TWITTER ACCOUNT AND INTERNET CONNECTION ARE REQUIRED. PROTECTED TWITTER ACCOUNTS MAY NOT BE ABLE TO SEND ENTRIES VIA THIS METHOD. SWEEPSTAKES PERIOD & SPONSOR: THE PERFECT GUY FOLLOW BACK TWEETSTAKES ( Sweepstakes ) promoting the home video release of The Perfect Guy (the Release ) starts at 12:01 am Eastern Time ( ET ) on 12/29/15 and ends at 11:59 pm ET on 1/12/16 ( Sweepstakes Period ). The sponsor of the Sweepstakes is Sony Pictures Home Entertainment, W. Washington Blvd., Culver City, CA (the Sponsor ). The Sweepstakes is subject to these Sweepstakes Official Rules (the Official Rules ), and by entering, entrant agrees to be bound by them. ELIGIBILITY: Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia (collectively the Eligibility Area ), who as of the date of their entry into the Sweepstakes are eighteen (18) years of age or older. Employees and their immediate family members (spouses, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren) of Sponsor, Sweepstakes Administrator: West Coast Marketing, a division of The Susquehanna Hat Company ( West Coast Marketing ), their respective officers, directors, affiliates, subsidiaries, parent companies, and advertising and promotion agencies (collectively, the Promotion Parties ) and those living in the household of same (whether legally related or not) are not eligible to enter or win. HOW TO ENTER: As stated above, a Twitter account is necessary for entry in the Sweepstakes. Membership on Twitter is free, and registration for Twitter can be obtained by logging on to ( the Web Site ) and following the onscreen instructions to open an account. During the Sweepstakes Period members of Twitter meeting the eligibility conditions above may enter by logging in to their Twitter account and doing the following: 1. Post a Tweet on Twitter that includes both the and one (1) only of the following hashtags (keeping in mind that if you are a prize winner, you will either receive a follow back to your Twitter user handle from either the actor named in your #hashtag or if you used hashtag #PerfectGuySweeps at the time of entry, the follow back will be from one (1) of the specific actors as selected by Sponsor): - #PerfectGuySweeps - #SanaaSweeps - #MichaelSweeps - #MorrisSweeps By completing the foregoing you will receive one (1) Entry into the Sweepstakes. Only one (1) Entry per person per day will be accepted. All Entries must comply with the Twitter Terms of Service and Twitter Rules available at the Web Site. Each individual submitting an Entry shall be referred to herein as an Entrant. Important Note: By opting to send tweets or receive Sponsor's tweets via your wireless mobile device (which may only be available via participating wireless carriers and, standard text messaging and/or data rates will apply for each text message sent or received from your handset according to the terms and conditions of your

2 service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by wireless mobile device and text message means that you understand that you may receive additional text messages from Sponsor relating to this Sweepstakes, including notifying you if you are a potential winner in this Sweepstakes, which will be subject to the charges pursuant to your carrier's rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Cell phone service may not be available in all areas. Check your wireless device s capabilities for specific instructions. Sponsor shall have the right to disqualify any Entries that Sponsor has determined, in its sole and exclusive opinion, fail to adhere to these Sweepstakes Official Rules, or (if applicable) the Twitter Rules or Twitter Terms of Service, expose Sponsor to any unacceptable degree of technical, legal or financial risks or problems, uses text and/or other components in a manner objectionable to Sponsor, or its affiliates, or is otherwise deemed inappropriate, all as determined by Sponsor, in its sole discretion (including but not limited to content deemed by Sponsor which contains violence, is sexually explicit or otherwise offends or denigrates any group or class of people or could reflect unfavorably on any of the Releasees (as defined below), or which defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person s or entity s personal, commercial or proprietary rights). Sponsor, at its sole discretion, may accept a technically incorrect unique term. Sponsor s decisions are final and binding with respect to all matters relating to this Sweepstakes. All Sweepstakes Entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Sponsor shall have the right to edit, adapt, retweet and publish any or all of the Entries and may use them in any and all media now known or hereafter devised throughout the world in perpetuity without attribution or compensation to the Entrant, his or her successors or assigns, or any other entity. The Sponsor s clock shall be the official timekeeper for this Sweepstakes. For purposes of this Sweepstakes, an Entry is "received" when the Sponsor s server records the Entry information. Proof of sending (such as an automated text) does not constitute proof of actual receipt of an Entry for purposes of this Sweepstakes. Illegible and/or incomplete Entries, Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) and Entries in excess of the stated limit above are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. PRIVACY POLICIES: Any personal information supplied by any Entrant to Twitter, Inc. will be subject to Twitter s privacy policy accessible at the Web Site. Personal information supplied by Sweepstakes winners will be subject to the Sponsor s privacy policy available at WINNER SELECTION: Three (3) potential prize winners will be selected in a random drawing from among all eligible Entries on/about 1/15/16 by West Coast Marketing with one (1) potential prize winner selected for each of the specific actors named below. Decisions of Sponsor and West Coast Marketing regarding the results of the random drawing shall be final and binding. The potential prize winners will be notified only by being followed back by the specific actor. Sponsor is not responsible for any failure of delivery of notice attempting to use such methods. Follow back to the potential prize winner will occur within two (2) to four (4) weeks of random drawing. If a prize winner s Twitter account has been disabled, then such potential prize winner will be disqualified, and an alternate winner may (or may not) be selected in Sponsor s sole discretion. Acceptance of a Prize (defined below) constitutes permission (except where prohibited) for Sponsor to use the prize winner's Twitter user name and image ( Twitter handle ), for publicity, advertising, trade and promotional purposes in any and all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without additional compensation, notice or limitation of any kind.

3 PRIZES: Three (3) prizes (each a Prize and collectively Prizes ) are available to be awarded: Each Prize consists of the Prize winner being followed back by one (1) only of the following specific actors: Sanaa Lathan, Michael Ealy, or Morris Chestnut as Entrant named in their submitted Entry (by virtue of #hashtag) or if #PerfectGuySweeps is the #hashtag on a winning Entry, Sponsor will select the specific actor for the Prize. There is no intrinsic retail value of a Prize. Note: Each specific actor will only follow one (1) Prize winner. Duplicate random selections of a specific actor will be disqualified. Prizes are non-transferable and non-assignable except in Sponsor s sole discretion. No prize substitution or cash redemption allowed by a Prize winner. Sponsor reserves the right to substitute a prize of comparable value if advertised Prize becomes unavailable. Prizes may not be sold, bartered or exchanged by Prize winner except as may be allowed by Sponsor in its sole discretion. Prizes are provided "as is" and without any warranty of any kind. Promotion Parties are not responsible for changes in scheduling of any specific actor. By accepting the Prize, the Prize winner acknowledges compliance with these Official Rules. ODDS OF WINNING: The odds of winning a Prize are determined by the total number of Entries received. RELEASES: The Promotion Parties, Twitter, Inc., and any and all Internet server(s) and Internet access provider(s), wireless and cellular carriers and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents (collectively, Releasees ) are not responsible for any incorrect or inaccurate Entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including, without limitation, any injury or damage to participant s or any other person s computer relating to or resulting from participation in the Sweepstakes; inability to access or upload to the Web Site or any web pages thereof or to send or receive a Tweet; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site (including the Web Site) or for any other reason whatsoever; typographical, printing or other errors; or any combination thereof. Proof of submitting information to the Web Site or sending a Tweet is not considered proof of delivery or receipt. Illegible, incomplete and, mechanically reproduced Entries will be disqualified. All Entries become the property of Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive Entries or acts shall render Entrants ineligible. Entrants release and waive any claims they may have against Releasees for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including, without limitation, attorneys fees) resulting from acceptance, use, or misuse of the Prize or element thereof, or from participation in this Sweepstakes. By entering the Sweepstakes, Entrants affirm that they have read and accepted these Official Rules. GOVERNING LAW/LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants and Releasees in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state s laws. By entering the Sweepstakes, Entrants hereby submit to the jurisdiction and venue of the federal and state courts of the United States and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. Sponsor and its affiliates would like to use this information to contact you either by mail or with updates about special promotions or offers. If you prefer not to receive updates please indicate such preference at time of Entry. BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY

4 WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. FORCE MAJEURE: Releasees shall not be liable to a Prize winner or any other person for failure to supply the Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, network or computer problems, internet problems, hacking, computer viruses, unauthorized computer access, tampering, or any other cause beyond Sponsor s sole control. Releasees shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by a specific actor or any other person(s) providing any of the prize fulfillment services to Prize winner including any results thereof such as changes in services necessitated by same. GENERAL: If for any reason this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any web site (including the Web Site) associated therewith (or any portion(s) thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of Entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, shutdown of the Twitter service, or any other causes, in the Sponsor s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, the Sponsor and/or West Coast Marketing will conduct a random drawing to award the Prizes from among all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted at The Releasees are not responsible for the actions of Entrants in connection with the Sweepstakes, including Entrants attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If a dispute arises about who submitted an Entry, the Entry will be deemed submitted by the authorized user of the Twitter account entered. The authorized user is deemed the natural person who has registered with Twitter for the user name associated with the submitted Entry. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized user of the Twitter account associated with the winning Entry and that all eligibility requirements have been met. In the event a dispute regarding the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor s satisfaction, the affected Entry will be deemed ineligible. The Releasees are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, Also, the Releasees are not responsible, and may disqualify an Entrant, if his or her Twitter handle does not work or if it is changed without Entrant giving prior written notice to Sponsor.

5 NOTE: Entry must be made by the Entrant only as detailed above. Entries made by any other individual or any entity, and/or originating at any other web site, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. The use of any device or software to automate the Entry process is prohibited. Entries or other Sweepstakes materials that are incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, stolen, late, misdirected, postage due, deceptive, in greater quantity than the limit stated or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor s sole and absolute discretion. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor s sole and absolute discretion. No Injunctive Relief: EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE SWEEPSTAKES OR THE RELEASE, OR ANY OTHER, HOME VIDEO RELEASE, MOVIE, PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS AFFILIATES. WINNERS LIST: For an Official Winners List (available after 1/31/16), or a copy of these Official Rules, send a self-addressed, stamped envelope to: THE PERFECT GUY FOLLOW BACK TWEETSTAKES (please specify Official Winners List or Official Rules), P.O. Box 56436, Sherman Oaks, CA Official Rules are also available during the Sweepstakes Period at DISCLOSURE COPY NO PURCHASE IS NECESSARY TO ENTER OR WIN. A TWITTER ACCOUNT AND INTERNET CONNECTION ARE REQUIRED TO ENTER. Sweepstakes starts at 12:01 am ET on 12/29/15 and ends at 11:59 pm ET on 1/12/16. Sweepstakes is open only to residents of the 50 U.S. & D.C. 18 years of age or older. Subject to Official Rules at See Official Rules for complete details. Void where prohibited.