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.