1. ELIGIBILITY: The Ben 10 Alien Force Alien Creation Sweepstakes ("Sweepstakes") is offered only in the United States and the District of Columbia and is open only to legal residents of the United States; residents of Maine are NOT eligible for the Sweepstakes. Entrant must be 6 (six) years old to 14 (fourteen) at the start of the Promotional Period (as defined below). A parent, legal guardian or an adult (that is, a person who has reached majority in their state of residence) who has written consent to do so from the child's parent/legal guardian may enter on behalf of a child who fulfills all other eligibility requirements. (If adult who is not a child's parent/legal guardian enters on behalf of a child, such adult will have no rights to entry or any prize if child's entry is selected in a random drawing and such child is confirmed as a prize winner; and, in entering on behalf of a child, such adult agrees to be bound by these Official Rules and waives and releases any rights that he/she may have against the Sponsor, Administrator or any other entities in any way involved with the Sweepstakes.) Children of employees/officers/directors of Bandai America Incorporated ("Sponsor"), and their respective affiliates, parent companies, subsidiaries, franchisees, retailers, contractors, distributors, advertising, promotion, fulfillment and marketing agencies, and their immediate families (defined as spouse, child, sibling, parent or grandparent) and persons living in the same household of each (whether related or not) are not eligible. Entrant and entrant's parent/legal guardian agree to be governed by these Official Rules and the decisions of the Sponsor and Vertical Marketing Network LLC, the independent sweepstakes administrator ("Administrator"). Participation constitutes Entrant's/Entrant's parent/legal guardian's full and unconditional agreement to these Official Rules. Void outside the United States and the District of Columbia. Void in the State of Maine, Puerto Rico and where prohibited by law. Prizes will be awarded to the parent/legal guardian of the child. All applicable U.S. federal, state, and local taxes are the sole responsibility of the Winners.
The Sweepstakes begins on or about 12:00 a.m. (midnight) PT on October 19, 2009 and ends at 11:59 p.m. PT on December 1, 2009 (the "Promotional Period"). Sponsor's computer is the official time clock for the Sweepstakes. Many will enter, few will win.
2. HOW TO ENTER: ONLINE ENTRY: To enter the Sweepstakes, go to www.bandai.com/ben10 and follow the instructions. A parent, legal guardian or an adult may enter on behalf of a child who fulfills all other eligibility requirements. If not the child's parent or legal guardian, when entering on behalf of a child, you must have written consent from the child's parent or legal guardian to do so.
Entry may not be made by automated means such as by script, bot, macro or any other similar software or program. Any such attempts shall be rendered null and void. Online entries for the Grand Prize drawing must be received by Sponsor no later than 11:59 p.m. PT on December 1, 2009.
Limit one online entry per day during the Promotional Period. Acknowledgment of receipt of online entry does not constitute any representation that child is eligible for Sweepstakes. In the event of a dispute as to ownership of an entry, the authorized account holder of the email address used to enter will be deemed to be the entrant (but, if authorized account holder is a parent/legal guardian or adult entering on behalf of a child, entry will be deemed made by the child on whose behalf the parent/legal guardian/adult submitted the entry). The "authorized agent" is the actual person assigned an email address by an internet service provider or some other organization responsible for assigning the email address for the domain associated with the submitted address. Any person who uses any device or artifice to attempt to enter Sweepstakes multiple times in violation of the entry limitation for him/herself (if a child) or on behalf of a child (if his/her parent/legal guardian or adult), will result in disqualification and all entries associated with that e-mail address will be void.
MAIL-IN ENTRY: Legibly print your first and last name, home address, city, state, zip code, date of birth, and e-mail address (if any) or if entering on behalf of a child as the parent/legal guardian/adult provide the preceding information for yourself (NOT the child, except for the child's first and last name) and the parent/legal guardian signature consenting to the participation of their child in this Sweepstakes on a 3" x 5" card/paper and send it in a business size (#10) envelope with sufficient postage to: the Alien Creation Sweepstakes, P.O. Box 1255, Santa Ana, CA 92702. All mail-in entries for the Grand Prize drawing must be received by December 8, 2009. Entries that are illegible, incomplete, sent via overnight delivery, printed by machine or otherwise mechanically reproduced will not be accepted and are void. Each entry must be mailed separately. Paper entries become the sole property of the Sponsor and will not be returned.
Sponsor and their agencies are not responsible for any entries that may be lost, late, stolen, postage due, delayed, mutilated and/or misdirected, or for typographical errors in these Official Rules or in any Sweepstakes advertising.
Regardless of entry method, children must get their parent/legal guardian's permission before attempting to enter the Sweepstakes.
By entering the Sweepstakes, entrant and entrant's parent/legal guardian agree (1) to abide by and be bound by these Official Rules and all decisions of the Sponsor and Administrator, which are final and binding in all respects; and (2) to release Sponsor and Administrator and their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies and the officers, directors, employees, representatives and agents of any of the above organizations, from any and all liability whatsoever for any claims, costs, injuries, losses or damages of any kind (including, without limitation, related to personal injury, death, damage to property, infringement of proprietary rights, rights of publicity or privacy or defamation) arising in whole or in part, directly or indirectly, from participation in the Sweepstakes, or any Sweepstakes-related activity or the acceptance, possession or use/misuse of any prize.
3. PRIZES AND APPROXIMATE RETAIL VALUE (ARV): Grand Prize (1): 3-day/2-night trip for child and his/her parent/legal guardian to New York City, New York where child will act as the exclusive Bandai Kid Reporter, reporting on the 2010 Toy Fair (scheduled for February 14-17, 2010). Trip includes round-trip coach air travel from gateway commercial airport closest to Winner's residence (as determined by Sponsor/Administrator in their sole discretion) to John F. Kennedy Airport (New York, NY), 3-day/2-night hotel (standard, double occupancy) accommodations and transportation to/from the hotel to Toy Fair. Winner (and his/her parent or legal guardian) understands and agrees that (a) in conjunction with attendance at the 2010 Toy Fair, Winner and Guest (i.e., winner's parent/legal guardian) will at all times act in an appropriate, well-behaved manner and follow all instructions of the assigned Toy Fair Escort, Sponsor and Administrator representatives. Further while on the Grand Prize Trip, the child will be asked to perform the duties of a reporter, such as, but not limited to interviewing selected people, reading prepared scripts, being photographed or filmed.
Grand Prize Winner will also receive one (1) Ben 10 Alien Force™ Vilgax Attacks for Nintendo DS video game from D3 Publisher (ARV $29.99); and one (1) Ben 10™ Toy Pack which contains a Ben 10 Alien Collection ($5.99); DNA Alien Heroes ($10.99); Alien Creatures ($14.99); Omintrix Illuminator ($10.99); Creation Chamber Figures ($6.99); Alien Creation Challenge ($24.99); and Booster Pack ($2.99).
Valid photo identification issued by a state of the United States is required for air travel. If Winner lives within approximately 150 miles of New York City (as determined by Sponsor/Administrator in their sole discretion) ground transportation will be provided by Sponsor instead of air travel and Winner will receive no additional compensation, cash or otherwise, in conjunction with such modification. Trip is subject to availability and additional restrictions. All expenses not specified in these Official Rules, including hotel room charges such as room service and all applicable taxes, are the sole responsibility of the Winner and/or Winner's parent or legal guardian. ARV: $3,607.92.
First Prize (1): Winner drawn October 26, 2009. Prize is a timed Shopping Spree at a Toys R Us store near the Winner's place of residence. Winner (and his/her parent or legal guardian) is solely responsible for transportation to and from the store location. Should a Toys R Us store not be located within approximately 100 miles of the Winner's place of residence (as determined by Sponsor/Administrator in their sole discretion), the Winner will receive an alternate prize either a $500 gift card (subject to terms/conditions indicated thereon) or cash as determined by Sponsor in its sole discretion. Winner must be accompanied by a parent or legal guardian and must be available to participate in the Shopping Spree event during the month of November, 2009, with the actual date of the event to be determined by Sponsor/Administrator in their sole discretion. Winner will be awarded all merchandise (up to $500 maximum value) from the Ben 10 themed Feature Shop area that he/she can fit safely within a shopping cart without damaging any selected merchandise (as determined by Sponsor/Administrator in their sole discretion) during a 3-minute time period (with time being kept by Sponsor/Administrator in their sole discretion). Winner will at all times act in an appropriate, well-behaved manner and follow all instructions of the Sponsor and Administrator representatives during the Shopping Spree event. In conjunction with the Shopping Spree event, Winner may be interviewed, photographed or filmed. ARV: $500.
Weekly Prizes (6): Two (2) winners will be drawn weekly - November 9, 2009; November 16, 2009; November 23, 2009. Each winner will receive a Ben 10 Alien Force™ Vilgax Attacks for Nintendo DS video game from D3 Publisher (ARV: $29.99) and a Ben 10™ Toy Pack with a Ben 10 Alien Collection ($5.99); DNA Alien Heroes ($10.99); Alien Creatures ($14.99); Omnitrix Illuminator ($10.99); Creation Chamber Figures ($6.99); Alien Creation Challenge ($24.99); and Booster Pack ($2.99). ARV: $107.92 each; TOTAL ARV WEEKLY PRIZES: $647.52.
TOTAL ARV OF PRIZE POOL: $4,755.44.
Odds of winning depend on number of eligible entries received for each drawing.
Limit 1 prize per person/household. Prizes are non-transferable. Prizes cannot be returned or exchanged for cash. Substitution of a prize by a Winner is prohibited. Sponsor reserves the right in its sole discretion to substitute advertised prize with a prize of comparable value in the event the advertised prize (or portion thereof) is not available for any reason.
Grand Prize Winner and Guest (i.e., his/her parent or legal guardian) must be available to travel on dates of Sponsor's sole choosing so as to attend the 2010 Toy Fair, which is currently scheduled for February 14-17, 2010. In the event Winner is not able to travel during these dates for any reason, the Grand Prize will be forfeited without compensation and an alternate will be selected from among all remaining eligible entries received for the Grand Prize drawing.
The First Prize Winner must be available to participate in the timed Shopping Spree event during November, 2009 on the date of Sponsor's sole choosing. In the event First Prize Winner is not able to participate on selected date in November, 2009, the First Prize will be forfeited without compensation and an alternate will be selected from among all remaining eligible entries received for the First Prize drawing.
In the event that a Prize Winner (or his/her parent or legal guardian) chooses not to accept his/her prize or is unable to be notified for any reason, such prize will be forfeited without compensation and an alternate will be selected from among all eligible entries received for the applicable drawing.
Except where prohibited by law, acceptance of prize constitutes permission from Winner (and his/her parent or legal guardian) for Sponsor and their agencies to use Winner's name, voice, likeness and/or other indicia of persona without notice or further compensation for purposes of advertising and trade, including posting of Winner's first name, last initial and city and state of residence on the www.Bandai.com website for a maximum of thirty (30) days to the extent permitted by the Children Online Privacy Protection Act (COPPA).
All applicable U.S. federal, state and local taxes are the sole responsibility of the winner who will receive an IRS Form 1099 reflecting the actual value of any prize valued at $600 or more. The prize will be awarded to or in the name of the Winner's parent/legal guardian, in Sponsor's sole discretion.
4. WINNER SELECTION AND PRIZE NOTIFICATION/AWARD PROCESS: Potential First and Weekly Prize Winners will be selected in random drawings conducted by the Administrator from among all eligible entries received by 11:59 p.m. PT the calendar day before:
| First Prize Drawing: | October 26, 2009 |
| Weekly Prize Drawings: | November 9, 2009, November 16 and November 23, 2009 |
The Grand Prize Drawing will be held on December 15, 2009. Non-winning entries from a given Drawing will be retained for all subsequent Drawings.
Winning a prize is contingent upon fulfilling all requirements set forth herein and being notified by Sponsor/Administrator that verification is complete.
All potential Grand and First Prize winners who entered online will be contacted via e-mail and will receive a Portable Document Format (PDF) electronic attachment of the Affidavit of Eligibility and Liability/Publicity Release form. If parent/legal guardian or adult entered on behalf of potential Grand or First Prize winner, the parent/legal guardian or adult will be contacted and, in the case of an adult entering on behalf of child, such adult will be solely responsible for forwarding the Affidavit of Eligibility and Liability/Publicity Release form onto such child's parent or legal guardian. All potential Grand and First Prize winners who entered by mail will be notified via mail and will receive an Affidavit of Eligibility and Liability/Release form. Sponsor/ Sweepstakes Administrator will directly commence the prize award process with such potential winners' parent or legal guardian or the adult who entered on the child's behalf (and, again, an adult entering on behalf of a child will be solely responsible for forwarding the Affidavit of Eligibility and Liability/Publicity Release form onto such child's parent or legal guardian).
Potential Grand and First Prize Winners (and his/her parent/legal guardian) by acceptance of prize(s) grants (and agrees to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of winner's name, picture, likeness, voice, biographical information, and statements, at any time or times, in perpetuity, for advertising, trade, publicity, and promotional purposes in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval and without additional compensation, unless prohibited by law. Further, by accepting prize, winner (and his/her parent or legal guardian) agree without additional compensation to participate, at time of Sponsor's sole choosing, in interviews and/or other publicity activities which may include filming and/or audio recording and/or electronic recording, as may be determined by Sponsor from time to time in its sole discretion; and, winner (and his/her parent or legal guardian) further understands and agrees that the content of such interviews/publicity activities shall be the sole property of Sponsor, to the extent permitted by law (and winner/winner's parent/legal guardian agrees, upon Sponsor's request, without further compensation to complete and sign any and all documents deemed necessary by Sponsor so as to record, perfect or effect Sponsor's rights in said content).
Potential Grand and First Prize Winners must prove eligibility. Potential Grand and First Prize Winners' parents/legal guardians will be required to sign, notarize and return the Affidavit of Eligibility and Release of Liability/Publicity (where legal) forms ("Prize Notification Form") within three (3) days of official notification. Grand Prize Winner's Travel Guest (the winner's parent or legal guardian) must sign, notarize and return a Liability/Publicity release (where legal) prior to the issuance of travel documents.
Potential Weekly Prize Winners' parents/legal guardians will be required to sign a Declaration of Eligibility and Release of Liability/Publicity (where legal) forms within three (3) days of official notification.
Noncompliance with these Official Rules and/or failure to timely complete and return the executed Affidavit of Eligibility/Release or Declaration of Eligibility/Release forms within three (3) days of official notification, as applicable, will result in forfeiture of the prize (without compensation) and an alternate winner will be selected from all remaining eligible entries received for the applicable drawing. Any attempt to defraud Sponsor in any way will result in disqualification of entrant; and, such entrant may be prosecuted to the fullest extent of the law. Please allow 6 to 8 weeks for delivery of prize.
The Sweepstakes is governed by the laws of the State of California (with the sole exception of conflict of law/choice of law rules which would result in the application of the law of any jurisdiction other than California), with venue in Los Angeles County, California and all claims must be resolved in the appropriate state and federal courts of Los Angeles County, California. Claim must be filed individually, NOT as a class action. Entrant (and his/her parent or legal guardian) further understands and agrees that in no event will he/she (or his/her parent or legal guardian) be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, fees or costs including without limitation attorneys' fees, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
5. INTERNET: Participation in Sweepstakes is subject to the Privacy Policy of www.Bandai.com. If you DO NOT agree to the Privacy Policy, DO NOT USE THE WEBSITE TO ENTER THE SWEEPSTAKES (OR OTHERWISE). Sponsor and their respective parent companies, subsidiaries, and affiliates, and their advertising, promotion or production agencies are not responsible for technical, hardware, software or telecommunications malfunctions of any kind, lost or unavailable network connections, incomplete/inaccurate information on www.Bandai.com whether the result of tampering, equipment malfunction or other cause, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in this Sweepstakes. Sponsor and their agencies are not responsible for any damages to entrant's (or a third party's) computer (including but not limited to information and data stored thereon) in conjunction with participation in Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS IN VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, BANDAI RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH INDIVIDUAL FROM THE SWEEPSTAKES, IF APPLICABLE). If for any reason, including but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Sponsor, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes such that persons cannot access www.Bandai.com and enter the Sweepstakes, Sponsor shall have the right, at its sole discretion, to cancel, terminate, or suspend the Sweepstakes, and to select winners in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted on www.Bandai.com.
6. RULES/WINNERS LIST REQUESTS: Official Rules will be available during the Promotional Period of October 19, 2009 to December 1, 2009. Send a stamped, self-addressed envelope to Ben 10 Alien Force Alien Creation Sweepstakes Rules/Winners List Request, P.O. Box 1255, Santa Ana, CA 92702 to obtain a copy of these Official Rules or the names of prize winners (available after January 15, 2010). All requests must be received by December 1, 2009.
BEN 10 ALIEN FORCE and all related characters or elements are trademarks of and © Cartoon Network. All rights reserved. Toy Fair, Toys R Us, Nintendo DS, D3 Publisher references are used solely for the purpose of prize identification. No sponsorship, endorsement or authorization by the owners of such trademarks and copyrights is intended or implied.
Sponsor: Bandai America Incorporated, 5551 Katella Blvd., Cypress, CA 90630.
Sweepstakes Administrator: Vertical Marketing Network LLC, 15147 Woodlawn Avenue, Tustin, CA 92780.