Terms and Conditions of SDCC Giveaway




PROMOTION DESCRIPTION: The IDW San Diego Comic-Con Giveaway (the “Giveaway”)  begins on June 23, 2023 at 4:00:00 p.m. Pacific Time (“PT”) and ends on July 5, 2023 at  11:59:59 p.m. PT (the “Promotion Period”). At the end of the Promotion Period a random  drawing will be conducted from among all eligible entries to select one (1) grand prize winner,  as more fully set forth below. Entry in the Giveaway does not constitute entry into any other  promotion, contest or sweepstakes. By participating in the Giveaway, each entrant  unconditionally accepts and agrees to comply with and abide by these Official Rules and the  decisions of IDW Media Holdings, Inc, 520 Broad Street, Newark, NJ, 07102-312, Attn: Amber  Huerta. (“Sponsor”), which shall be final and binding in all respects. The Giveaway is in no way  sponsored, endorsed or administered by, or associated with, Instagram. 

ELIGIBILITY: Open only to legal U.S. residents of the fifty (50) United States and the District of  Columbia who are eighteen (18) years old or older as of time of entry. Officers, directors, and  employees of Sponsor and its parent, subsidiaries, affiliates, distributors, retailers, sales  representatives, advertising and promotion agencies (all such individuals and entities referred to  collectively, the “Promotion Entities”), and each of their immediate family members and/or  people living in the same household are NOT eligible to enter the Giveaway or win a prize. This  Giveaway is void where prohibited.  

HOW TO ENTER: To enter, during the Promotion Period, create a video or picture showing  your IDW fandom and post publicly on social media with the hashtag #IDWSuperfan and tag  Sponsor’s Instagram handle @IDWPublishing (the “Submission”). The Submission must meet  the following “Submission Requirements”: (i) the Submission may not feature any person  other than the entrant; (ii) the Submission must be the submitting entrant’s original, previously  unpublished work and not include any material owned or controlled by third parties (including  without limitation, third party copyrighted material); (iii) the entrant must provide upon request all  appropriate clearances, permissions and releases for the Submission (in the event an entrant  cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to  disqualify the applicable Submission, or seek to secure the releases and clearances for  Sponsor’s benefit, or allow the applicable Submission to remain in the Giveaway); and (iv) the  Submission must not include any content that is obscene, pornographic, libelous or otherwise  objectionable. Any Submission that, in Sponsor's good faith judgment, violates the Submission  Requirements will be disqualified. Any Submission that is considered by Sponsor in its sole and  absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise  objectionable, in whole or in part, will be disqualified and will not be eligible for entry. No  substitutions of new versions of Submissions will be accepted under any circumstances once  the original Submission is submitted for consideration. Limit one (1) entry per person. 

GENERAL CONDITIONS OF ENTRY: Entries must be received during the Promotion Period.  Sponsor is the official timekeeper for the Giveaway. All entry information and materials become  the property of Sponsor and will not be acknowledged or returned. Proof of submitting entry information to Sponsor is not considered proof of delivery to or receipt by Sponsor of such entry.  Except as otherwise contemplated in these Official Rules, and to the extent entrants may  otherwise elect at the time of entry, personal information collected in connection with the 


Giveaway will be used in accordance with Sponsor’s online privacy policy, located at https://idwmediaholdings.com/privacy-policy/. Any communication or information transmitted to  Sponsor by e-mail or otherwise is and will be treated as non-confidential and non-proprietary. You are providing your information to Sponsor and not to Instagram. 

Entry must be made by the entrant, only as described in these Official Rules. Sponsor shall  have no liability for any Submission that is lost, intercepted or not received by the Sponsor.  Entries made by any other individual or any entity, and/or originating at any other website or e mail address, including but not limited to commercial sweepstakes subscription notification  and/or entering service websites, will be declared invalid and disqualified for this Giveaway.  Tampering with the entry process or the operation of the Giveaway, including but not limited to  the use of any device to automate the entry process, is prohibited and any entries deemed by  Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event  a dispute regarding the identity of the individual who actually submitted an entry cannot be  resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Promotion  Entities shall not be responsible for incorrect or inaccurate entry information whether caused by  Internet users or by any of the equipment or programming associated with or utilized in the  Giveaway or by any technical or human error which may occur in the processing of the entries  in the Giveaway. The Promotion Entities assume no responsibility or liability for any error,  omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of  entries. 

IMPORTANT NOTE: Any entrant who incorporates any intellectual property owned by a third  party into his or her Submission does so at his or her own risk. Without in any way limiting,  expanding or amending the Terms of Service policy residing on Sponsor’s website,  https://idwmediaholdings.com/terms-and-conditions/, which Terms of Service policy shall remain  in full force and effect, if Sponsor is duly notified that any element of an entrant’s Submission  infringes upon the rights of another person and/or receives a legally valid request to remove the  affected Submission because of such infringement, such Submission may be disqualified from  the Giveaway, as Sponsor may determine in its sole discretion. Further, no entrant will be  eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that  such entrant’s Submission has been or can be sufficiently cleared for legal purposes. 

REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION: Each person who enters this  Giveaway represents and warrants as follows: (i) the Submission is the entrant’s own original,  previously unpublished, and previously unproduced work; (ii) the Submission does not contain  any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and  as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii)  the Submission does not and will not violate or infringe upon the intellectual property rights or  other rights of any third party; and (iv) the Submission does not and will not violate any  applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees  to indemnify and hold the Promotion Entities harmless from and against any and all third party  claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and  expenses relating to or arising out of any breach or alleged breach of any of the warranties,  representations or agreements of entrant hereunder. 

ENTRANT'S GRANT OF RIGHTS: For good and valuable consideration, the receipt and legal  sufficiency of which is hereby acknowledged, each entrant into the Giveaway hereby irrevocably  grants Sponsor, its successors and assigns, an exclusive, perpetual, royalty free, worldwide,  transferrable license (but not the obligation) to reproduce, publicly perform, publicly display, 

distribute, modify, and otherwise use the Submission for any reason whatsoever in any and all -2- 

media, without further notice to, consent by, or payment to entrant, including, without limitation,  as the name of a product or service of Sponsor. Without in any way limiting the foregoing,  Sponsor shall have the right, in its sole discretion, to modify and make derivative works of the  Submission for any purpose which Sponsor deems necessary or desirable, and each entrant 

irrevocably waives any and all so-called moral rights they may have therein. Sponsor shall have  the right to freely sublicense its rights hereunder, in whole or in part, to any person or entity.  Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified  or fails to meet the Submission Requirements. For clarity, Sponsor has the right, but not the  obligation, to use any Submission. 

WINNER SELECTION AND NOTIFICATION: On or about July 6, 2023 Sponsor (or its  designee) will conduct a random drawing from all eligible entries received during the Promotion  Period to select one (1) grand prize winner. Attempts to notify potential winners will be made by Instagram direct message. Sponsor shall have no liability for any winner notification that is lost,  intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a  potential winner does not respond within three (3) days of the first notification attempt (or such  shorter time as exigencies may require), or if the prize or prize notification is returned as  unclaimed or undeliverable to such potential winner, such potential winner will forfeit any prize  and an alternate winner may be selected. If any potential prize winner is found to be ineligible,  or if he or she has not complied with these Official Rules or declines the applicable prize for any  reason prior to award, such potential prize winner will be disqualified and an alternate winner  may be selected. Sponsor may successively attempt to contact up to two (2) potential prize  winners in accordance with such procedure, and if there is still no confirmed prize winner after  such attempts have been made, if any, the applicable prize may go unawarded.  

The grand prize winner’s travel companion must be eighteen (18) years of age or older, or if  such travel companion is under the age of majority in his or her state of residence (a “minor”),  the grand prize winner must be such minor’s parent or legal guardian, or travel with the written  permission of such parent or legal guardian in form and substance acceptable to Sponsor in its  sole discretion. In the event a grand prize winner’s residence is close enough to San Diego,  California such that air transportation is deemed by Sponsor in its sole discretion to be  unnecessary, the applicable grand prize will not include air transportation from such grand prize 

winner’s residence and no other substitution or compensation will be provided in lieu thereof.  The grand prize winner and his or her travel companion must travel together on the same  itinerary and must possess all required travel documents, including visas and valid passports, if  and as applicable, and comply with any applicable hotel check-in requirements, such as  presentation of a major credit card. Travel restrictions may apply. All aspects of the travel  portions of the grand prize must be conducted on such dates as determined by Sponsor in its  sole discretion. The dates of departure and return are subject to change at Sponsor’s sole  discretion. Airfare may not include government taxes, Passenger Facility Charge or September  11th Security Fee. Airline tickets are non-refundable/non-transferable and are not valid for  upgrades and/or frequent flyer miles. Other travel restrictions and blackout dates may apply.  All airline tickets are subject to the vagaries of flight variation, work stoppages, and schedule or  route changes. The ARV for travel prizes may vary depending upon points of departure and  destination. Sponsor reserves the right to structure travel routes and select hotels in its sole  discretion. The ARV for travel prizes is an estimate made before the Giveaway begins. The  grand prize winner will not receive cash or any other form of compensation if actual travel costs  are less than the estimate made in these Official Rules. The round trip air transportation  element for any travel prize begins and ends at the point of departure. Room taxes and other  hotel fees are not included and if applicable may be payable at the time of check-out by the  winner/guest. A deposit or payment in advance, or presentation of a credit card by the grand 


prize winner, may be required at the time of check-in at the hotel. Any hotel cancellations or  changes to hotel reservations after confirmation must be made with the hotel directly, and the  grand prize winner is solely responsible for any charges and/or fees arising from changes made  directly with the hotel. The prize restrictions/conditions stated herein are not all-inclusive and  the grand prize described above may be subject to additional restrictions/conditions, which may  be stated in the “Prize Claim Documents” (as defined below) and/or other travel documents.  TRAVEL MUST BE COMPLETED ON THE DATES SELECTED BY SPONSOR. IF THE  GRAND PRIZE WINNER IS UNABLE TO PARTICIPATE IN THE TRIP ON THE DATES  SELECTED BY SPONSOR, THE GRAND PRIZE WILL BE FORFEITED IN ITS ENTIRETY. In  the event the grand prize winner and/or his or her travel companion engages in behavior that,  as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is  intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to  terminate the trip or other applicable experience early, in whole or in part, and send the grand  prize winner and/or his or her travel companion home with no further compensation. 

PRIZES/ODDS: One (1) grand prize winner will win a trip for the winner and one (1) guest to  San Diego Comicon from Jul 20, 2023 - July 23, 2023. Specifically, the winner will win: 2 coach  airline tickets within the continental US (Approximate retail value (“ARV”) $1,200; a 3 night hotel  stay for the winner and a guest for the duration of the San Diego Comic-Con at a hotel of  Sponsor’s choice (ARV $1,000 ; Guaranteed access for the winner and guest to IDW panels;  VIP Access for the winner and guest to IDW signings; and VIP Access for the winner and guest  to IDW booth. Actual odds of winning a prize depend on the number of eligible entries received.  Or include the odds if they can be calculated. 

GENERAL PRIZE CONDITIONS: No cash alternative or substitution of prizes will be allowed,  except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value  if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only  if the potential prize winner fully complies with these Official Rules. All portions of the prize(s)  are non-assignable and non-transferable. Any prizes pictured in point-of-sale, online, television  and print advertising, promotional packaging, and other Giveaway materials are for illustrative  purposes only. All details and other restrictions of the prize(s) not specified in these Official  Rules will be determined by Sponsor in its sole discretion. EACH PRIZE WINNER SHALL BE  SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND/OR LOCAL TAXES, AND THE  REPORTING CONSEQUENCES THEREOF, AND FOR ANY OTHER FEES OR COSTS  ASSOCIATED WITH THE APPLICABLE PRIZE. ALL PRIZES ARE PROVIDED “AS IS”  WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR  HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE  IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR  PURPOSE AND/OR NON-INFRINGEMENT.  

FURTHER DOCUMENTATION AND PUBLICITY: Potential winners may be required to  execute a further Submission license or assignment, Affidavit of Eligibility, a Liability Release,  and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim  Documents"). If any potential winner fails or refuses to sign and return all Prize Claim  Documents within three (3) days of prize notification (or such shorter time as exigencies may  require), the winner may be disqualified and an alternate winner may be selected. As part of the  Prize Claim Documents, a potential winner may also be required to execute a further right of  publicity release to use the winner’s name and/or image, including, but not limited to, for  advertising and promotional purposes, without further compensation.


NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby  acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to  provide the entrant’s Submission to Sponsor for purposes of the Giveaway does not place the  Promotion Entities in a position that is any different from the position held by members of the  general public with regard to elements of the entrant’s Submission. Each entrant understands  and acknowledges that the Promotion Entities have wide access to ideas, stories, photographs,  designs, and other literary materials, and that new ideas are constantly being submitted to it or  being developed by their own employees. Each entrant also acknowledges that many ideas or  photographs may be competitive with, similar or identical to the Submission and/or each other in  theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant 

will not be entitled to any compensation as a result of any Promotion Entity’s use of any such  similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious,  contributory or otherwise, with respect to the infringement or protection of the copyright in and to  the Submission. 

GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entry in the Giveaway constitutes entrant’s permission for the Promotion Entities to use entrant’s name, photograph, likeness,  voice, biographical information, statements, and address (city and state) for advertising and/or  publicity purposes worldwide and in all forms of media now known or hereafter developed, in  perpetuity, without further compensation. Entrants agree that the Promotion Entities and  Instagram (A) shall not be responsible or liable for, and are hereby released from, any and all  costs, injuries, losses or damages of any kind, including, without limitation, death and bodily  injury, due in whole or in part, directly or indirectly, to participation in the Giveaway or any  Giveaway-related activity, or from entrants’ acceptance, receipt, possession and/or use or  misuse of any prize, and (B) have not made any warranty, representation or guarantee express  or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s  quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to  an entrant’s, or any other person’s, computer system which is occasioned by participating in the  Giveaway, or for any computer system, phone line, hardware, software or program  malfunctions, or other errors, failures, delayed computer transmissions or network connections  that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor  is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen,  or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, 

servers, satellites, Internet service providers, websites, or other connections; or for  miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or  cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any  kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture  any information. Sponsor reserves the right in its sole discretion to disqualify any individual who  is found to be tampering with the entry process or the operation of the Giveaway, to be acting in  violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or  with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy,  abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages  and other remedies from any such person to the fullest extent permitted by law. No  mechanically reproduced, illegible, incomplete, forged, software-generated or other automated  multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or  terminate the Giveaway if it determines, in its sole discretion, that the Giveaway 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 the Giveaway as 


contemplated herein. In the event an insufficient number of eligible entries are received and/or  Sponsor is prevented from awarding prizes or continuing with the Giveaway as contemplated  herein by any event beyond its control, including but not limited to fire, flood, natural or man made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of  God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or  activity, war (declared or undeclared) or any federal state or local government law, order, or  regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any  governmental approval which may be required, Sponsor shall have the right to modify, suspend,  extend, or terminate the Giveaway. If the Giveaway is terminated before the designated end  date, Sponsor will (if possible) select the winner(s) 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.  Only the type and quantity of prizes described in these Official Rules will be awarded. These  Official Rules cannot be modified or amended in any way except in a written document issued in  accordance with law by a duly authorized representative of Sponsor. Unless otherwise stated in  these Official Rules, the invalidity or unenforceability of any provision of these Official Rules  shall not affect the validity or enforceability of any other provision. Unless otherwise stated in  these Official Rules, in the event that any provision is determined to be invalid or otherwise  unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be  construed in accordance with their terms as if the invalid or illegal provision were not contained  herein. 

NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any  Submission or any materials or content created by the entrant (the “Materials”), or to otherwise  exploit any Submission or Materials or, if commenced, to continue the distribution or exploitation  thereof, and Sponsor may at any time abandon the use of the Submission or Materials for any  reason, with or without legal justification or excuse, and entrants shall not be entitled to any  damages or other relief by reason thereof. 


ARBITRATION PROVISION: By participating in this Giveaway, entrant agrees that any and all  controversies, claims, counterclaims or other disputes entrant may have with, or claims entrant  may have against the Promotion Entities relating to, arising out of or connected in any way with  (a) the Giveaway, (b) the awarding or redemption of any prize, and/or (c) the determination of  

the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively  by final and binding arbitration in accordance with the Rules of the American Arbitration  Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator.


The arbitrator's decision in any such arbitration will be final and binding upon the parties and  may be enforced in any court of competent jurisdiction. The parties agree that the arbitration  proceedings will be kept confidential and that the existence of the proceeding and any element  of it will not be disclosed beyond the arbitration proceedings, except as may lawfully be required  in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations  of securities regulatory authorities or other governmental agencies, or as specifically permitted  by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. However, the Arbitrator, and not any federal, state, or local court or agency, shall have the  exclusive authority to resolve any dispute relating to the interpretation, applicability,  enforceability, or formation of these Official Rules including, but not limited to, a claim that all or  any part of these Official Rules is void or voidable. 

If entrant demonstrates that the costs of arbitration will be prohibitive as compared to the costs  of litigation, Sponsor will pay as much of the administrative costs and arbitrator’s fees required  for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from  being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the  compensation of the arbitrator among the parties in such amounts as the arbitrator deems  appropriate. 

This arbitration agreement does not preclude entrant from seeking action by federal, state, or  local government agencies. Entrant and Sponsor also have the right to bring qualifying claims  in small claims court. In addition, entrant and Sponsor retain the right to apply to any court of  competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary  injunctions, and any such request shall not be deemed incompatible with these Official Rules,  nor a waiver of the right to have disputes submitted to arbitration as provided in these Official  Rules. 

Neither entrant nor Sponsor may act as a class representative, nor participate as a member of a  class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or  representative basis. The arbitrator can decide only Entrant and/or Sponsor’s individual  Claims. The arbitrator may not consolidate or join the claims of other persons or parties who  may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration  we each waive any right to a jury trial. Notwithstanding anything to the contrary herein, the  arbitrator may award in the arbitration the same damages or other relief available under  applicable law, including injunctive and declaratory relief (which may include public injunctive  relief), as if the action were brought in court on an individual basis.  

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT  ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF  CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT  AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF  RELIEF. OTHER RIGHTS THAT ENTRANT OR SPONSOR WOULD HAVE IN COURT ALSO  MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be  invalid or unenforceable, then that specific provision shall be of no force and effect and shall be  severed, but the remainder of this Section will continue in full force and effect. No waiver of any  provision of this Section of these Official Rules will be effective or enforceable unless recorded  in a writing signed by the party waiving such a right or requirement. Such a waiver shall not  waive or affect any other portion of these Official Rules. This Section of these Official Rules will  survive the termination of your relationship with Sponsor.


WINNER’S LIST/OFFICIAL RULES: To obtain any legally-required winners list (after the conclusion of the Giveaway) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to:  IDW Media Holdings, Inc, 520 Broad Street, Newark, NJ, 07102-312, Attn: Amber Huerta. Please specify "winners list" or "Official Rules" and the name of the Giveaway in your request.