Toshiba – Win a Fantastic Four-Themed Vacations OR 1 of hundreds of Instant-Win prizes
THE TOSHIBA + FANTASTIC FOUR SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS INTENDED FOR PLAY IN THE 50 UNITED STATES AND D.C. ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF PARTICIPATION.
1. ELIGIBILITY: THE TOSHIBA + FANTASTIC FOUR SWEEPSTAKES (“PROMOTION”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE (19 IN AL or NE) OR OLDER AS OF DATE OF PARTICIPATION. Employees, officers and directors of Toshiba America Information Systems, Inc. (“Sponsor”), its parent, subsidiary, and affiliated companies, advertising, promotion or
￼production agencies, Web masters/suppliers, and their IRS dependents, immediate family members [spouse, parents, children, siblings], and individuals residing in their same household (whether or not related) are not eligible to participate. By participating, participants agree to these Official Rules and the decisions of the Sponsor and/or its independent judging agency which are final and binding in all respects. Void where prohibited.
2. PROMOTION PERIOD: Promotion begins at 12:01:00 a.m. (midnight) Pacific Daylight Time (“PDT”) on October 1, 2015 and ends at 11:59:59 p.m. Pacific Standard Time (“PST”) on January 31, 2016 (“Promotion Period”). Sponsor’s computer is the official time keeping device for this Promotion.
3. HOW TO PARTICIPATE: During the Promotion Period, visit www.toshiba.com/fantastic4 (“Website”) and follow the online instructions to play for a chance to win an Instant-Win Prize (a “Play”). If you are the winner of an Instant-Win Prize, your computer screen will display a prize-winning message (subject to verification). If you are not a winner of an Instant-Win Prize, your computer screen will display a non-winning message. During the Promotion Period, randomly-selected times will be chosen by an independent judging organization, whose decisions are final in all matters relating to this Promotion. The first participant who completes a Play on or immediately after a randomly-selected time will win the indicated Instant-Win Prize (subject to verification). For each Play, you will receive one (1) entry (each an “Entry”) into the Grand Prize drawing. You are providing your Entry information to Sponsor and not to Facebook or Twitter.
During the Promotion Period, participants will have the opportunity to (a) share this Promotion via Facebook with the message provided by Sponsor which must include “#Fan4ToshibaSweepstakes”; (b) share this Promotion via Twitter with the message provided by Sponsor which must include “#Fan4ToshibaSweepstakes”; or (c) watch a video available at the Website. Completing such actions will result in one (1) bonus entry (“Bonus Entry”), per action, into the Grand Prize Drawing. Limit one (1) Bonus Entry per action per day (for a total of up to three (3) Bonus Entries per day).
￼￼￼Limit one (1) Play/Entry per person/email address per day. A “day” is defined as the 24-hour period between 12:00:00 a.m. and the following 11:59:59 p.m. with the exception of the first day of the Promotion in which the day will begin at 12:01:00 a.m. and end the following 11:59:59 p.m. (PDT/PST, as the case may be). All Plays/Entries/Bonus Entries must be received and recorded during the Promotion Period. Proof of submitting a Play and/or an Entry or Bonus Entry does not constitute proof of delivery, Play, Entry or Bonus Entry. Any attempt by any participant to submit more than the stated number of Plays/Entries/Bonus Entries allowed per Day by using
￼multiple/different email addresses, identities or any other methods will void that participant’s Plays/Entries/Bonus Entries and that participant will be disqualified. Participants must have a valid email address.
4. GRAND PRIZE DRAWING: The Grand Prize winner will be selected in a random drawing on or about February 2, 2016, from among all Entries and Bonus Entries received by an independent judging organization, whose decisions shall be final in all matters relating to this Promotion.
5. WINNER NOTIFICATION: All potential Instant-Win Prize winners will be notified at the time of playing and will receive instructions on how to claim prize. Potential Instant-Win Prize winners must complete the prize-claim form as indicated to complete the prize-claim process. If the prize-claim form is not completed as indicated, the Instant-Win Prize will be forfeited and may be awarded to an alternate winner. The Grand Prize winner will be notified by email, phone and/or mail within seven (7) days of the drawing date. Instant-Win Prizes will be mailed to winners within 6-8 weeks of winner verification with the exception of the Fantastic Four Blu-rayTM Discs prizes. Fantastic Four Blu-rayTM Discs will not be available until December 15, 2015. Please allow 6-8 weeks after December 15, 2015 for shipment of your prize if you are verified as a Fantastic Four Blu-rayTM Disc and t-shirt winner or a Fantastic Four Blu-rayTM Disc and hat winner.
￼6. PRIZE DETAILS/ODDS: Grand Prize (1): Winner’s choice of one (1) of the following Fantastic Four Adventures:
“The Ultimate Hot-Headed Adventure To Iceland”: Trip for winner and winner’s guest to Iceland. Trip consists of air transportation; ground transfers to/from airport and hotel in Reykjavik, Iceland; hotel accommodations for four (4) nights; volcano tour (available May – September only); and a Blue Lagoon experience to include lunch and a Volcano Scrub treatment. If winner chooses to travel on dates when the volcano tour is unavailable, an alternative experience will be provided at Sponsor’s sole discretion.
“The Ultimate Invisible Adventure To Sweden”: Trip for winner and winner’s guest to Sweden. Trip consists of air transportation; ground transfers to/from airport and hotel in Lulea, Sweden; accommodations for two (2) nights in the Mirrorcube at the Treehotel; and hotel accommodations for two (2) nights in the city of Lulea.
“The Ultimate Rock Hard Adventure to the French Alps”: Trip for winner and winner’s guest to the French Alps in Europe. Trip consists of air transportation; rental car for six (6) days (subject to car rental company terms and conditions); hotel accommodations for five (5) nights; and winner’s choice of four (4) Alpine adventure sports (caving, canyoning, rock climbing, white water rafting, hiking, horse riding, mountain biking or the Via Ferrata Mountain obstacle course).
“The Ultimate Stretched Adventure to Switzerland”: Trip for winner and winner’s guest to Switzerland. Trip consists of air transportation; rental car for five (5) days (subject to car rental company terms and conditions); €200 (two hundred Euro allowance for fuel); hotel accommodations for two (2) nights in Zurich and two (2) nights in Locarno; one (1) bungee jump for both winner and his/her guest; and admission to the Swiss Science Center.
￼Travel must be completed by February 15, 2017. Passport and/or visa required for international travel and is solely winner’s and winner’s guest responsibility to secure prior to departure date. Air transportation is defined as round-trip coach class air transportation from a major U.S. gateway airport nearest winner’s residence to the selected destination. Hotel accommodations are defined as one (1) hotel room, double occupancy, unless otherwise stated. Travel and accommodations are subject to availability and change; blackout dates apply (including, but not limited to, traveling on or during public holidays recognized in either departure or arrival country). Certain travel restrictions may apply. Winner will be required to provide a credit card at time of hotel check-in. Released Parties (as defined in Rule #7) do not assume any responsibility for canceled, delayed, suspended or rescheduled events (including, but not limited to airline flights) or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations) beyond one or more of their control. Selection of airline and hotel are solely within Sponsor’s discretion. Ground transportation (other than as stated above), meals, gratuities, passport, visa or
￼luggage fees, incidental hotel charges, trip cancellation insurance and all other expenses not specified herein are solely the winner’s responsibility. Winner and guest must have all necessary identification and/or travel documents required for travel (e.g., a valid passport, visa and/or driver’s license). Winner and guest must travel on the same itinerary. Winner’s guest must be 18 years of age or older and will be required to complete, sign and return a liability/publicity release prior to issuance of travel documents. Once the travel guest is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Lost, stolen or damaged airline tickets, travel vouchers, certificates or tickets will not be replaced or exchanged. Additional prize details and travel information may be provided to the winner at the time of notification. Should winner and/or guest choose to not participate in a prize activity, no further compensation will be provided. That portion of the prize shall be forfeited by winner and/or guest. Approximate Retail Value (“ARV”): $8,000. Actual retail value depends on city/day/time of departure.
Instant-Win Prizes: The following prizes shall be randomly awarded throughout the Promotion Period at a rate of four (4) per day via the Instant-Win game.
Tier 1 Instant-Win Prizes:
Two (2): One (1) Toshiba Satellite Radius 15 laptop and one (1) Fantastic Four hat. ARV: $808
Two (2): One (1) Toshiba Satellite Radius 12 laptop and one (1) Fantastic Four t-shirt. ARV: $808 each.
Two (2): One (1) Toshiba Satellite Radius S laptop and one (1) Fantastic Four hat. ARV: $808
Two (2): One (1) Toshiba Satellite Radius C laptop and one (1) Fantastic Four t-shirt. ARV: $408 each.
Four (4): One (1) Toshiba 1TB mobile hard drive and one (1) Fantastic Four hat. ARV: $108 each.
Four (4): One (1) Toshiba 1TB mobile hard drive and one (1) Fantastic Four t-shirt. ARV: $108 each.
￼Five (5): One (1) Toshiba Wireless Speaker and one (1) Fantastic Four hat. ARV: $108 each. Tier 2 Instant-Win Prizes:
Ten (10): One (1) Toshiba 32GB SD Card and one (1) Fantastic Four t-shirt. ARV: $55 each. Ten (10): One (1) Toshiba 32GB SD Card and one (1) Fantastic Four hat. ARV: $55 each. Twelve (12): One (1) Toshiba 32GB SD Card. ARV: $47 each.
One hundred two (102): One (1) Fantastic Four Blu-rayTM Disc and one (1) Fantastic Four t-shirt. ARV: $38 each.
Ninety eight (98): One (1) Fantastic Four Blu-rayTM Disc and one (1) Fantastic Four hat. ARV: $38 each.
Tier 3 Instant-Win Prizes:
￼￼￼Two hundred thirty-nine (239): One (1) Fantastic Four hat and one (1) Fantastic Four t-shirt. ARV: $16 each.
If winner cannot accept prize as stated, prize may be forfeited in its entirety. No substitution, cash redemption or transfer of prize permitted. However, Sponsor reserves right to substitute prize with prize of equal or greater value if advertised prize becomes unavailable. Odds of winning the Grand Prize depend on the number of eligible entries received. Odds of winning an Instant-Win Prize depend on the number of eligible Plays received and the order in which they are received. Total ARV of all prizes is: $28,156. Any difference between stated value and actual value will not be awarded. Limit one (1) Tier 1 Instant-Win Prize per person/email address/household. Limit one (1) Tier 2 Instant-Win Prize per person/email address/household. Limit one (1) Tier 3 Instant-Win Prize per person/email address/household.
7. GENERAL CONDITIONS: Participants agree (and agree to confirm in writing) (a) that Sponsor, Twentieth Century Fox Home Entertainment LLC, their respective parent, subsidiary and affiliated companies, advertising and promotion agencies, Facebook, Twitter and all of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, or travel thereto, or participation in this Promotion or any Promotion-related activities; and (b) except where legally prohibited, winners grant (and agree to confirm that grant in
￼writing) permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide in perpetuity, and on the Internet and World Wide Web, without notice, review or approval, unless prohibited by law. Winners may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within seven (7) days of date of notification. If documents are not returned in a timely manner, or if prize notification or prize is returned as non-deliverable, if Sponsor is unable to contact a potential winner within a reasonable
8. LIABILITY LIMITATIONS: Released Parties are not responsible for lost, late, misdirected, incomplete, stolen, garbled, or non-delivered Plays/Entries/Bonus Entries or email; or for interrupted or unavailable satellite, network, wireless provider, server, Internet Service Provider
￼(ISP), Website or other connections, availability or accessibility, or miscommunications, or failed computer, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether printing, typographical, human, mechanical, electronic or network or otherwise, including, without limitation, errors or problems that may occur in connection with the administration of the Promotion, the announcement of the winners and/or prizes, the incorrect or inaccurate capture or processing of Plays, Entries, Bonus Entries or other information or the failure to capture, or loss of, any such information, or in any other Promotion-related materials. Persons who tamper with or abuse any aspect of this Promotion, as solely determined by the Sponsor, will be disqualified and all such Plays and/or Entries/Bonus Entries will be void. Any use of robotic, automatic, macro, programmed or like methods of participating will void all such Plays and/or Entries/Bonus Entries by such methods, and disqualify any participant using such methods. Released Parties are not responsible for injury or damage to participant’s or to any other person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the Website. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion, and in the event of termination, randomly select the winners from all non-suspect, eligible Plays/Entries/Bonus Entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. If due to a computer programming or other error, more prizes are claimed than intended to be awarded according to Rule #6, prizes will be awarded in a random drawing from among all valid prize claims received. If a drawing is required, it will be conducted by a third party judging organization who is independent from Sponsor and whose decisions shall be final. In no event will Sponsor be liable for more than the stated number of prizes in Rule #6. All potentially winning Plays are subject to verification in the sole discretion of the Sponsor. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by site
￼users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of this Website. In case of a dispute over identity of a participant, the authorized account subscriber of the email account used to participate in the Promotion at the actual time of playing will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is the natural person who is assigned the email address by the ISP or other organization responsible for assigning email addresses.
￼IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF 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.
9. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Promotion
￼￼￼￼￼shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN
￼ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN SPONSOR’S PROMOTION, EACH PARTICIPANT AND PRIZE WINNER 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 PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, 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), BUT IN
￼NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT OR PRIZE WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT AND PRIZE WINNER’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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 EVERY PARTICIPANT.
10. GOVERNING LAW AND JURISDICTION: By participating, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these
￼Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules, and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in a local court in the State of California. By participating, participants consent to the jurisdiction and venue of the federal, state and local courts located in California.
11. WINNERS’ LIST: For the names of the winners, mail a self-addressed, stamped envelope to: The Toshiba + Fantastic Four Adventure Sweepstakes Winners’ List Request, 10 South 5th Street, 7th Floor, Dept. 1002-707, Minneapolis, MN 55402, for receipt by February 29, 2016.
SPONSOR: Toshiba America Information Systems, Inc., 9740 Irvine Boulevard, Irvine, CA 92618.
Twentieth Century Fox Home Entertainment LLC is a partial prize provider only and neither Fox nor any of its parent, subsidiary and affiliated entities or any of their, shareholders, officers, directors, employees, agents or assigns is responsible for any aspect of this Sweepstakes, including but not limited to the collection, submission, processing or judging of entries, the administration of the Sweepstakes, selection of winners or prize fulfillment.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter.