Marvel Insider HOLIDAY 2021 Sweepstakes #5
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. WINNER(S) WILL BE RANDOMLY SELECTED. VOID WHERE PROHIBITED.
By participating in this Sweepstakes, you agree to be bound by and abide by these Official Rules (“Official Rules”) and the decisions of Sponsor, which are final and binding in all respects and not subject to appeal.
1. SPONSOR: Marvel Digital Media Group LLC, located at 1290 Avenue of the Americas, 2nd Floor, New York, NY 10104 (“Sponsor”).
2. ELIGIBILITY: The Marvel Insider Holiday 2021 Sweepstakes #5 (“Sweepstakes”) is open only to legal residents of the 50 United States and Washington D.C. (the “Territory”) who are Marvel Insider members 18 years of age or older (or the age of majority in your jurisdiction of residence, whichever is older) at the time of entry. Employees of Sponsor, any organizations responsible for sponsoring, fulfilling or administering this Sweepstakes or supplying the prizes and each of their respective parent, subsidiary and affiliated companies (collectively, “Promotion Entities”) and the immediate family members (defined as parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live) and household members (defined as people who share the same residence at least three (3) months a year, whether related or not) of all such employees are not eligible to enter or win a prize. Void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations.
3. ENTRY PERIOD: Sweepstakes begins on or about 12:00 P.M. on December 21, 2021 and ends at 11:59 P.M. on January 7, 2022 (“Entry Period”). All times and days are Eastern Time. Sponsor’s computer is the official clock for this Sweepstakes.
You may only use one (1) Marvel Insider account to participate in this Sweepstakes.
Normal internet access and data usage charges imposed by your online service may apply. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless internet access) and may appear on your mobile device 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. Mobile device service may not be available in all areas. Check your mobile device’s capabilities for specific instructions.
4. LIMITATIONS: Limit two (2) entries per person per day during the Entry Period. All entries must be received during the Entry Period. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the account is registered. Entries by any method other than set forth above are void. The Promotion Entities, their parent, subsidiary, related and affiliated entities, and each of their respective officers, directors, agents, representatives, employees, successors, and assigns (collectively, “Releasees”) are not responsible for entries from persons residing, or physically located, outside the Territory; entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misdirected, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Official Rules; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in your email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such entries will be disqualified and any attempts to tamper with or disrupt the entry process or use multiple accounts, automated methods or third parties to enter are prohibited and may result in disqualification at Sponsor’s sole discretion. Any duplicate or materially similar entries will be disqualified. In the event that the same entry is received from more than one (1) person, the entry will be deemed to be submitted by the first person who the entry was received from. Proof of entering is not considered proof of delivery or receipt of such entry. Releasees are not responsible for any changes or unavailability of the Marvel Insider platform that may interfere with this Sweepstakes or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify this Sweepstakes. The Releasees are not responsible for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to: errors in these Official Rules, selection and announcement of the winners and distribution of the prizes. The Releasees are not responsible for any inability of any winner to accept or use a prize for any reason. Sponsor has the right, at any time and at its sole discretion, to disqualify you, if it suspects you are doing any of the following: (i) tampering or attempting to tamper with the entry process or the operation of this Sweepstakes (ii) violating these Official Rules; (iii) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, defraud, threaten or harass any other person; or (iv) for any other good cause as determined solely by the Sponsor.
Entries may not contain and Sponsor, in its sole discretion, may disqualify and/or remove any entry that contains any content that: (a) is sexually explicit or suggestive, profane, pornographic or contains nudity; is unsafe, dangerous or unnecessarily violent; is obscene or offensive, endorses any form of hate or hate group or is derogatory of any protected class, including without limitation race, gender, religion, nationality, age, citizenship, disability, sexual orientation or genetic makeup; defames, misrepresents or contains disparaging remarks about Sponsor or other products, people or companies; (b) is illegal or promotes, encourages or advocates any illegal activity; promotes alcoholic beverages, drugs, weapons, ammunition or explosives; (c) violates or infringes third party rights of any kind, including without limitation copyright, trademark, trade secret, patent, publicity or privacy rights, proprietary or contractual rights, confidentiality obligation; contains brand names, trademarks or logos of any third party, or advertises or promotes any brand or product of any kind, without permission, or contains any personal identification, such as license plate numbers, personal names, e-mail addresses, telephone numbers or street addresses, subject to entry complying with all other requirements of these Official Rules and/or website/application-specific terms for platforms used to submit the entry; (d) contains copyrighted materials owned by others (including music, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; (e) contains materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission; (e) contains executable programming of any kind, including without limitation viruses, worms, Trojan horses, spyware, malware, time bombs, Easter eggs, cancel bots or any kind of malicious or benign computer programming whatsoever; contains encrypted content of any kind, including without limitation encoded messages; (f) disparages or otherwise communicates a message inconsistent with the reputation, image and/or goodwill of Sponsor, Promotion Entities or other entity or person affiliated with this Sweepstakes; and/or (g) is in violation of any law or regulation or otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, as determined by Sponsor in its sole discretion. Once an entry is submitted, it cannot be modified.
Sponsor reserves the right to modify, extend, suspend, or terminate this Sweepstakes if it determines, in its sole discretion, that this Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of this Sweepstakes as contemplated herein. In such event, Sponsor shall conduct this Sweepstakes and (if possible) select winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
You agree not to knowingly damage, cause interruption and/or prevent others from participating in this Sweepstakes. ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES VIOLATES CRIMINAL AND/OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
5. WINNER SELECTION: On or about January 10, 2022, Sponsor will randomly select one (1) potential winner from among all eligible entries received during the Entry Period. Odds of winning depend on the total number of eligible entries received during the Entry Period.
6. WINNER NOTIFICATION: On or about January 11, 2022 Sponsor will notify potential winner(s) via email. At the sole discretion of the Sponsor, disqualification, prize forfeiture and the selection of an alternate winner (time permitting) may result from any of the following: (a) potential winner’s failure to respond to Sponsor’s notification as directed within seventy-two (72) hours; (b) the return of any notification or prize as undeliverable; (c) potential winner’s failure to provide Sponsor with satisfactory proof of eligibility and/or an Affidavit of Eligibility, Release and Indemnification, Publicity Release, IRS Form W-9 and any other required documentation within five (5) business days of notification transmission; (d) potential winner’s failure to travel, check-in or attend events at designated dates and times; and/or (e) any other non-compliance with these Official Rules.
7. PRIZES: One (1) prize are available to be won. Each prize consists of one (1) Spider-Man. Vol. 1. 1962-1964 The approximate retail value (“ARV”) of each prize: $200.00 USD. Total ARV of all prizes: $200.00 USD. Limit one (1) prize per person. If the ARV of a prize is at least $600, the winner will received an IRS Form 1099-MISC reflecting the actual value of the prize. Winners are not entitled to exchange or transfer a prize to another person or to obtain cash or other substitutes, except Sponsor reserves the right to substitute a prize or portions thereof of equal or greater value if a prize listed or any portion thereof is unavailable for any reason. If the actual value of a prize is less than the stated ARV, the difference will not be awarded. Any portion of any prize not accepted or used will be forfeited and no additional compensation of any kind will be awarded. All prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by January 13, 2022, after which no alternate winners will be selected nor unclaimed prizes awarded. Winners are solely responsible for all applicable federal, state and local taxes on claimed prizes.
9. GRANT OF RIGHTS: By submitting an entry, you hereby grant Sponsor, its agents, representatives, successors, designees and assigns, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such entries, in whole or in part, in all media formats and channels now known or hereafter devised (including on Sponsor’s websites, on third party web sites, on Sponsor’s broadcast and cable networks and stations, on Sponsor’s broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, except where prohibited by law. Your entry may be edited, adapted, modified and/or used to create derivative works by Sponsor in its sole discretion.
Winner’s acceptance of a prize constitutes the grant to Sponsor, its agents, representatives, successors, designees and assigns, an unconditional right to use winner’s name, address (city and state, province or territory only), voice, likeness, photograph (including without limitation, such winner’s account profile image), biographical and prize information and/or statements about this Sweepstakes for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law.
10. REPRESENTATION AND WARRANTY: By participating in this Sweepstakes, you represent and warrant to Sponsor that you have all rights, permissions and consents necessary to grant the rights to Sponsor as expressed herein. The Releasees do not make any representation, warranty or guarantee, express or implied, relating to this Sweepstakes or to the prizes. Prizes are awarded “as is” and without representation, warranty or guarantee of any kind, express or implied (including without limitation any implied warranty of merchantability or fitness for a particular purpose). THE PRECEDING EXCLUDES ANY EXPRESS OR LEGALLY REQUIRED WARRANTIES ON THE PRODUCTS; SUCH WARRANTIES BEING LIMITED BY THEIR STATED TERMS AND CONDITIONS.
11. RELEASE: By participating in this Sweepstakes, you release, discharge and hold harmless each of the Releasees from any and all liability for actions, claims, injuries, losses or damages of any kind, resulting, in whole or in part, directly or indirectly, from participation in this Sweepstakes.
12. DISPUTES: Except where prohibited by law, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or the awarding of prizes, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of JAMS, then effective (notwithstanding the foregoing, entrant shall not be precluded from seeking relief in small claims court for disputes/claims within the scope of the jurisdiction of small claims court and any remedies available to entrant under applicable federal, state or local law remain available to entrant and are not waived pursuant to this section); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased and any and all rights to injunctive relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. The arbitrator hearing such dispute/claim/cause of action shall be neutral and the entrant will have a reasonable opportunity to participate in the selection of the arbitrator. Such arbitration will take place at a location near the entrant’s residence and the entrant has the right to an in-person hearing in the arbitration proceeding, if desired. The arbitration will allow for the discovery and/or exchange of non-privileged information between entrant and Sponsor. Should an entrant initiate arbitration pursuant to this section, the entrant shall be responsible for JAMS’s fees to do so (approximately, $250.00 USD), with all other costs of such arbitration being borne solely by Sponsor. If entrant is a California resident and Sponsor is the prevailing party in such arbitration, such entrant will not be responsible for Sponsor’s costs and fees in conjunction with the arbitration proceeding; BUT, IN ALL OTHER CASES, ENTRANT WILL BE RESPONSIBLE FOR SUCH COSTS/FEES IF REQUIRED BY THE ARBITRATOR’S RULING. For the avoidance of doubt, the requirement to arbitrate disputes pursuant to this section is reciprocal and binding both upon entrants and Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction, and all proceedings shall take place in New York City.
13. WINNERS’ LIST: For the names of winners, submit a request with the following subject: “MARVEL INSIDER HOLIDAY 2021 SWEEPSTAKES #5 PRIZE WINNER”, to https://help.marvel.com/hc/en-us, for receipt no later than February 10, 2022.