PLAYSTATION® PERFECT POP SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER, WIN, OR CLAIM A PRIZE. A PURCHASE DOES NOT IMPROVE AN ENTRANT’S CHANCES OF WINNING.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD, OR THE AGE OF MAJORITY IN HIS/HER JURISDICTION OF RESIDENCE AT THE TIME OF ENTRY.
VOID WHERE PROHIBITED.
The PlayStation® Perfect Pop Sweepstakes (“Sweepstakes”) is sponsored by Sony Computer Entertainment America LLC, 2207 Bridgepointe Parkway, San Mateo, CA 94404 (“Sponsor”), and is administered by Prize Logic, LLC, 25200 Telegraph Road, Suite 405, Southfield, MI 48033 (“Administrator”).
1. SWEEPSTAKES TIMING: The Sweepstakes begins at 12:00:00 AM Pacific Time (“PT”) on May 6, 2014 and ends at 11:59:59 PM PT on June 24, 2014 (“Sweepstakes Period”). The Administrator’s computer is the Sweepstakes official clock.
2. ELIGIBILITY: The Sweepstakes is offered only to legal residents of the United States and the District of Columbia who: (i) are at least 18 years of age, or the age of majority in his/her jurisdiction of residence, at the time of entry; (ii) have a Sony Entertainment Network (SEN) account at the time of entry; and (iii) have a PlayStation 3 or PlayStation 4 game console on or before May 5, 2014. Employees, officers, directors, representatives, and agents of Sponsor, Administrator, and each of their respective parent companies, subsidiaries, affiliates, and advertising, Sweepstakes and web design agencies (collectively, “Sweepstakes Entities”) and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, officer, director, representative or agent whether or not related, are not eligible to enter or win. Void in Puerto Rico, all United States Territories and Possessions and overseas military installations, outside of the United States, and where prohibited or restricted by law. All federal, state, and local laws apply.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator. If it is discovered or suspected that an entrant has registered for or entered or attempted to register for or enter the Sweepstakes using multiple e-mail addresses or multiple identities, all of that entrant’s entries will be declared null and void and any prize that entrant might have been entitled to receive or win will not be awarded. Use of any automated system or any like methods to participate in the Sweepstakes is prohibited and will result in disqualification of any entrant attempting such use.
3. HOW TO ENTER: During the Sweepstakes Period, an eligible entrant must log onto his/her SEN account using a PlayStation 3 or PlayStation 4 gaming console, visit the PlayStation Store, click on any Pop Secret banner appearing in the PlayStation Store, and follow the on-screen instructions to download the indicated free Pop Secret video (“Video”). Upon successful download of the Video, the entrant will automatically be entered into the Sweepstakes.
Limit one (1) entry per entrant/SEN account into the Sweepstakes, regardless of the number of times an entrant downloads the Video. In the event of a dispute as to the identity of an entrant, the entry will be declared made by the primary account holder of the e-mail address associated with the SEN account. The “primary account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the primary e-mail address holder.
4. RANDOM DRAWING: On or about July 8, 2014, Administrator will select one (1) potential “Grand Prize Winner”, five hundred (500) first prize winners (each, a “First Prize Winner”), and one thousand (1,000) second prize winners (each, a “Second Prize Winner”) in a random drawing from among all eligible entries received in the Sweepstakes. Each winner is considered a potential winner, subject to verification of eligibility and compliance with these Official Rules.
5. PRIZE, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:
A. Grand Prize (1): The Grand Prize Winner will receive a Sony 40” LED TV (model number to be determined by Sponsor in its sole discretion), a PlayStation 4 game console, and a 3 month PlayStation Plus membership (collectively, the “Grand Prize”). The ARV of the Grand Prize is $1,000.
B. First Prize (500): Each First Prize Winner will receive a 3 month PlayStation Plus membership (“First Prize”). The ARV of each First Prize is $17.99.
C. Second Prize (1,000): Each Second Prize Winner will receive a $4.99 PlayStation Store credit (“Second Prize”). The PlayStation Store credit will be awarded as a promotional code (“Code”), and is good for one (1) qualifying PSN/SEN account to redeem the SEN wallet Top Up via the PlayStation Store. Code expires at 11:59PM PST on December 31, 2014. Code cannot be returned or exchanged for cash, may not be used for any other purpose and will not be replaced if lost, stolen, or damaged.
D. Total ARV: The total ARV of all prizes available is $14,985.
E. Odds: The odds of winning a prize depend on the total number of eligible entries received during the Sweepstakes Period.
6. HOW TO CLAIM A PRIZE:
A. Grand Prize: The potential Grand Prize Winner will be notified by e-mail on or about July 9, 2014 (“Notification”) with instructions on how to claim the Grand Prize. Before being declared the Grand Prize Winner, the potential Grand Prize Winner will be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release (“Affidavit”) within ten (10) calendar days from the date of Notification, or the Grand Prize may (in Sponsor’s sole discretion) be forfeited. The Grand Prize Winner will be issued a form 1099 for tax purposes in the amount of the actual retail value of the Grand Prize and must submit his or her social security number or taxpayer ID number, as required by law. If the potential Grand Prize Winner is found to be ineligible or not in compliance with these Official Rules, or if the potential Grand Prize Winner declines to accept the Grand Prize, or if Sponsor is unable to contact the potential Grand Prize Winner or the Notification is returned as undeliverable, the Grand Prize will be forfeited, and in the Sponsor’s sole discretion, the forfeited Grand Prize may be awarded to an alternate potential Grand Prize Winner. Sponsor will attempt to award the Grand Prize three (3) times in random drawings consisting of all remaining eligible entries received during the Sweepstakes Period. Sponsor will deliver the Grand Prize to the Grand Prize Winner at the address provided on his/her Affidavit within approximately 6 to 8 weeks from verification of eligibility, with the exception of the 3 month PlayStation Plus membership, which will be e-mailed to the Grand Prize Winner at the e-mail address associated with his/her SEN account.
B. First Prize and Second Prize: Upon verification of eligibility, each First Prize and Second Prize will be e-mailed to the winner at the e-mail address associated with his/her SEN account. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept the First Prize or Second Prize, or if the First Prize or Second Prize is returned as undeliverable, the First Prize or Second Prize will be forfeited. Unclaimed First Prizes and Second Prizes will not be awarded. Sponsor will attempt to e-mail the First Prize and Second Prize within 2 to 4 weeks from verification of eligibility.
C. General Prize Conditions: Sweepstakes Entities are not responsible for any delays in awarding a prize for any reason. The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor, who reserves the right to substitute a prize of equal or greater value in case of unavailability of a prize or force majeure at Sponsor’s sole and absolute discretion. Each winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for his/her prize. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Prizes will only be awarded to verified winners.
7. LIMITATION OF LIABILITY: The Sweepstakes Entities are not responsible for any undelivered text messages or e-mails, including without limitation e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Notification or other e-mail, including any winner notification e-mail, to a spam or junk folder. The Sweepstakes Entities are not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due, or undeliverable, e-mail, or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/use net accessibility, availability, or traffic congestion, or any technical, mechanical, or typographical or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. The Sweepstakes Entities are not responsible for any incorrect or inaccurate information, whether caused by any users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the PlayStation Store, PlayStation Network, or any other website(s). The Sweepstakes Entities are not responsible for any injury or damage, whether personal or property, to any person's computer related to or resulting from participating in this Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserve the right at their sole and absolute discretion to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of the winner in a manner it deems fair and reasonable including the selection of winners from among eligible entries received prior to such cancellation, termination, modification or suspension.
In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the potential winners.
THE SWEEPSTAKES ENTITIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AS REGARDS TO ANY PRIZE OR ANY COMPONENTS OF THE PRIZES. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. ENTRANT MUST CHECK LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. Further, the Sweepstakes Entities are not responsible for, and shall be indemnified by any winner against, any and all claims, injuries, losses, or damages of any kind resulting from acceptance, use, misuse, possession, or loss of a prize.
Sweepstakes Entities shall not be responsible or liable for entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules, and all such entries will be disqualified. By entering the Sweepstakes, each entrant agrees: (i) to waive any rights to claim ambiguity with respect to these Official Rules; (ii) to waive all of his/her rights to bring any claim, action, or proceeding against any of the Sweepstakes Entities in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Sweepstakes Entities, and their respective parent companies, officers, directors, employees, agents, franchisees, licensees, shareholders, representatives, successors and assigns (collectively the “Releasees”), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Releasees have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including but not limited to any Sweepstakes-related activity or element thereof, and the entrant’s entry, participation or inability to participate in the Sweepstakes, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Sweepstakes materials, (d) acceptance, receipt, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor’s control, including but not limited to 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 such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual 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, or any other cause beyond any of the Sweepstakes Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Sweepstakes, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the entry (including, without limitation, the information or any parts thereof), (i) any technical malfunctions or unavailability of the Sweepstakes, the Website, or any other website or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Sweepstakes Entities or by an entrant, (j) interruption or inability to access the Sweepstakes, the Website, or any other Sweepstakes-related page or websites, or any online service via the Internet due to hardware or software compatibility problems, (k) any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Sweepstakes Entities, or any of their agents or employees, (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (p) the collection, use and/or sharing of entrant’s personally identifiable information by Sponsor or their designees, or (q) the negligence or willful misconduct by entrant. Any and all activities related to a prize, are at the winner’s or entrant’s own risk and subject to whatever restrictions are imposed by the entities that govern such activities.
8. DISPUTES: EXCEPT WHERE PROHIBITED BY LAW, THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE COUNTY OF SAN MATEO, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN SAN MATEO COUNTY, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
Further, entrants hereby waive all rights to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of pocket costs; and (ii) have damages multiplied or otherwise increased. Entrants agree that the rights and obligations of any entrant and/or Sweepstakes Entities and/or any other party shall be resolved individually, without resort to any form of class action. Each entrant hereby irrevocably and unconditionally waives his/her right to a jury trial.
10. PUBLICITY RIGHTS: By participating in the Sweepstakes and/or accepting the prize, each entrant agrees to allow the Sponsor and/or the Sponsor’s designee(s) the perpetual right to use his/her name, address (city, state/province and country), biographical information, photos, picture, portrait, likeness, voice, and/or statements regarding the Sweepstakes and/or Sponsor for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including, but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
11. GENERAL: Potential winning entrants are subject to Sponsor’s verification. Sponsor’s decisions are final and binding in all matters related to the Sweepstakes. Potential winners must comply with the Official Rules, and receipt of prizes is contingent upon fulfilling all requirements. Sponsor is not responsible for technical, hardware or software failures, malfunctions, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or unforeseen schedule changes that may limit an entrant’s ability to participate in the Sweepstakes, even if caused by Sponsor’s negligence. Entries generated by script, macro or other automated means or with the intent to impair the integrity of the Sweepstakes will be void. Sponsor has the sole discretion to modify, cancel or suspend this Sweepstakes should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper play of the Sweepstakes or Sponsor otherwise becomes incapable of running the Sweepstakes as planned. Sponsor is not responsible for changes to entrant’s contact information. Any individual who attempts or otherwise encourages, directly or indirectly, the submission of false entries, as determined by Sponsor, will be disqualified. Sponsor has the sole discretion to disqualify any entrant who tampers with the entry process. Sponsor has the sole discretion to disqualify entrants who violate these Official Rules, tamper with the operation of the Sweepstakes or engage in any conduct that is deemed, in Sponsor’s sole discretion, to be harassing, detrimental or unfair to Sponsor, the Sweepstakes or any other entrant. Sponsor has no obligation to return any entry consideration, if applicable, submitted by a disqualified entrant. Any attempted form of participation in this Sweepstakes other than as described herein is void. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s and/or Administrator’s interpretation of these Official Rules is final and binding in all matters related to the Sweepstakes. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
12. WINNER LIST: For the name of the winner, mail a self-addressed, stamped business size envelope to: PlayStation Perfect Pop Sweepstakes Winners List Request, P.O. Box 251328, West Bloomfield, MI 48325. Requests must be received by August 8, 2014.