The ãFoolâs Gold Tropical Smoothie Recipeä Contestä

Rules and Regulations

1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS CONTEST: The ããFoolâs Gold Tropical Smoothie Recipeä Contestä (the ãContestä) is sponsored by Hollywood.com, Inc. (together with its divisions, affiliates, officers, subsidiaries, agents and employees, "Hollywood.com"), having its principal place of business at 2255 Glades Road, Suite 221A, Boca Raton, Florida 33431. The Contest entry period begins on Jan. 25, 2008 at 5:00 p.m. (Eastern Time) and ends on Feb. 15, 2008, at 11:59 p.m. (Eastern Time) (such period, the ãEntry Periodä).

Method of Entry: To enter the Contest visit the Contest at http://www.hollywood.com/contests/detail/id/4931635 (the ãContest Siteä) during the Entry Period. All of the Contest information will be posted at the Contest 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"). 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 holder of the e-mail account. E-mail entries must be received by 11:59 p.m. Eastern Time, Feb. 15, 2008. Odds of winning depend on the number of eligible entries received. Any e-mailed Official Entry Forms received after 11:59 p.m. (Eastern Time) on Feb. 15, 2008, will not be eligible to be included in the drawing and shall be disregarded. The above-noted Feb. 15, 2008 deadline is final.

2. ELIGIBILITY: This Contest is open to any individual who, as of the beginning of the Entry Period (a) is 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 ãEligibility Areaä); (b) 18 years of age or older at the date of entry; and (c) as of the beginning of the Entry Period, has access to the internet. 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.com, Warner Bros., Tropical Smoothie, and each of their respective divisions, affiliates, subsidiaries, agents and advertising agencies (collectively, the ãContest Providersä), are not eligible to participate in the Contest or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state and local laws and regulations apply.

3. PRIZE CONTEST. Five (5) Prize Winners shall be selected based upon their fruit smoothie recipes submitted to recipecontest@tropicalsmoothie.com, as determined in the sole discretion of Hollywood.com and Tropical Smoothie and are otherwise eligible for the contest will be selected as the Prize Winners. The smoothies in the recipe contest first of all need to be real fruit smoothies. They will be judged on:

  • Tropical Taste
  • Originality
  • Ability to fit in with the ãEat better.  Feel better.ä motto

Winners will be determined after 5:00 p.m. Eastern Time on or about Feb. 18, 2008. The Contest will be conducted by Hollywood.com whose decisions are final and binding on all aspects of this Contest. The potential Prize Winners will be notified on or about Feb. 18, 2008, by e-mail, mail and/or telephone. Failure of the potential Prize Winners to respond within five (5) 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 a prize cannot be awarded to the potential Prize Winners selected. By entering the contest, each entrant agrees to be bound by these rules and the decisions of the Contest Providers, which decisions are final and binding in all respects. In the event of non-compliance, alternate Prize Winners may be selected. All prizes will be awarded.

4. PRIZES: One (1) Grand Prize Winner shall receive the
ãFoolâs Gold Tropical Smoothie Recipe Contestä Grand Prize package which consists of the following: (a) one (1) 14K Tri Color Gold Heart Tassle Necklace from Ice.com (ARV $150.00); (b) one (1) Foolâs Gold Water Proof Windbreaker; (c) one (1) Foolâs Gold Ladies V-neck Hoodie; and the following Foolâs Gold merchandise: one (1) Metal Boat Desk Clock; one (1) Bucket Hat Embroidered; one (1) Tie-Dye Tee; and one (1) Treasure Chest Metal Coin Bank. Approximate retail price of Grand Prize $364.94. Four (4) First Prize winners shall receive the following Foolâs Gold merchandise: one (1) Metal Boat Desk Clock; one (1) Bucket Hat Embroidered; one (1) Tie-Dye Tee; and one (1) Treasure Chest Metal Coin Bank. Total retail price of all prizing is approximately $744.78. All prizes listed above are subject to certain restrictions and qualifications of the Contest Providers. Except where otherwise expressly noted in these rules and regulations, the selection of all vendors, prizes, products and services is subject to the Contest Providersâ 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.com and Contest Providers retain the right to substitute a prize of equal or greater retail value (or at Hollywood.comâs election, the cash value of the applicable prize). Additional restrictions may apply.

5. CONDITIONS, DISCLAIMERS, AND LICENSE: By entering this Contest, each entrant agrees to be bound by these rules and regulations and by all decisions of Hollywood.com (which decisions are final and binding on all matters relating to the Contest, including fact, interpretation, eligibility, procedure and fulfillment), and to comply with all 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 Contest Providers and/or its promotional partner(s) and will not be acknowledged or returned. Neither the Contest Providers nor Internet access providers are responsible for incomplete, late, lost, 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, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way, or otherwise not in compliance with these rules and regulations. The Contest 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 Contest. Although Hollywood.com attempts to ensure the integrity of the Contest, neither Hollywood.com nor the Contest Providers are responsible for the actions of entrants or other individuals in connection with the Contest, including entrants' or other individuals' attempts to circumvent these rules and regulations or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Contest. The Contest Providers are not responsible for injury or damage to entrantâs or to any other person's computer(s), other equipment, or person(s), related to or resulting from participation in the Contest or downloading materials from or using the Contest Site. If, for any reason, the Contest 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.com, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Contest, Hollywood.com reserves the right in its sole and absolute discretion to modify these rules and regulations, and/or to cancel, terminate, modify or suspend all or any part of the Contest, and in the event of cancellation or termination, to select winners from among all eligible non-suspect entries received up to the time of such cancellation, termination, modification, or suspension, as applicable. Proof of submitting entry will not be deemed receipt of such entry by the Contest 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.com may each be required to sign a notarized affidavit of eligibility and compliance with these rules and regulations, liability release, publicity release (unless prohibited by law), address verification and other registrations and participation information requested by Hollywood.com and the other Contest Providers (unless prohibited by law). If a Prize Winner is under 18 years of age, or a resident of a jurisdiction that deems him/her to be a minor, his/her respective parent or legal guardian will also be required to sign any document which the Prize Winner is required to sign pursuant to these rules and regulations. 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 prizes as undeliverable may result in disqualification and selection of an alternate winner, at the sole discretion of Hollywood.com.

 

By entering this Contest, unless prohibited by law, each potential winner consents to use by the Contest 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 Contest, unless prohibited by law, the potential prize winners agree to grant to the Contest 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 winnersâ 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.com in its sole discretion.

6. CONDUCT: THE RULES AND REGULATIONS WILL BE POSTED AT THE CONTEST SITE THROUGHOUT THE ENTRY PERIOD. BY ENTERING AND PARTICIPATING IN THIS CONTEST, EACH ENTRANTS REPRESENTS AND WARRANTS THAT ALL INFORMATION PROVIDED BY ENTRANT IN CONNECTION WITH THE CONTEST IS TRUE, ACCURATE AND COMPLETE. THE CONTEST PROVIDERS RESERVE THE RIGHT, AT ANY TIME AND AT THEIR SOLE DISCRETION, TO DISQUALIFY AND/OR DEEM INELIGIBLE TO PARTICIPATE IN THIS CONTEST OR ANY FUTURE CONTEST OR OTHER PROMOTIONS OF THE CONTEST PROVIDERS, ANY INDIVIDUAL IT SUSPECTS: TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE CONTEST OR THE CONTEST SITE; TO BE ACTING IN VIOLATION OF THE RULES AND REGULATIONS OR THE CONTEST SITEâS 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 RULES AND REGULATIONS; OR TO BE IN VIOLATION OF THESE RULES AND REGULATIONS. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY INTERNET SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF THESE RULES AND REGULATIONS AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD HOLLYWOOD.COM BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, HOLLYWOOD.COM 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 CONTEST, ENTRANTS RELEASE AND HOLD THE CONTEST PROVIDERS AND
WARNER BROS. ENTERTAINMENT INC. AND EACH OF ITS RESPECTIVE PARENTS, DIVISIONS, AFILIATES, SUBSIDIARIES, AGENTS AND ADVERTISING AGENCIES (COLLECTIVELY, ãWBEIä)
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 CONTEST OR PARTICIPATION IN ANY CONTEST-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 CONTEST, 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 CONTEST PROVIDERS AND WBEI 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 CONTEST SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE CONTEST SITE, THE REMOVAL FROM THE CONTEST 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 CONTEST. WITHOUT LIMITING THE FOREGOING, THE CONTEST, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. GOVERNING LAW: The Contest and these rules and regulations 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:
(a) Dates and Deadlines: Because of the unique nature and scope of the Contest, Hollywood.com reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these rules and regulations or otherwise governing the Contest.

 

(b) Privacy: Information submitted in connection with the Contest will be treated in accordance with these rules and regulations and Hollywood.comâs Privacy Policy (as may be amended from time to time), currently located at http://www.hollywood.com/about_us/info/id/468709; provided, that in the event of any conflict between these rules and regulations and such Privacy Policy, the terms and conditions of these rules and regulations shall prevail. By entering this Contest, you agree that Hollywood.com may share your personal information with the Contest Providers for the purpose of prize fulfillment in the event that you are chosen as a potential winner. Additionally, by opting in to a specific offer by a Contest Provider, you agree to receive additional email communications from such Contest Provider and your personal information shall be governed by its privacy policy and terms of service.

 

(c) Severability; Headings: If any provision of these rules and regulations is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these rules and regulations and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these rules and regulations solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these rules and regulations or any provision hereof.

 

(d) Winner: For a list containing the name(s) of winner(s), send a self-addressed stamped envelope after Feb. 22, 2008 to: Winners List, ãFoolâs Gold Tropical Smoothie Recipeä Contestä, Hollywood.com, Inc., 2255 Glades Road, Suite 221A, Boca Raton, Florida 33431. Requests for Winners List must be received by Feb. 22, 2009. WA and VT residents may omit return postage.

 

(e) Rule Requests: To receive a copy of these complete rules, send a self-addressed, stamped envelope to: Official Rules, ãFoolâs Gold Tropical Smoothie Recipeä Contestä, Hollywood.com.com, Inc., 2255 Glades Road, Suite 221A, Boca Raton, Florida 33431. Requests for Official Rules must be received by Feb. 22, 2009. WA and VT residents may omit return postage.