Insidious Chapter 3 SWEEPSTAKES — OFFICIAL RULES

Insidious Chapter 3 SWEEPSTAKES — OFFICIAL RULES

[Insidious Chapter 3] Sweepstakes (the “Sweepstakes”) is sponsored by Townsquare MMN LLC, 240 Greenwich Avenue, Greenwich, CT 06830, (“Townsquare”) (the “Sponsor”), and promoted and operated through its websites including but not limited to [PopCrush.com, justjared.com], Twitter and Instagram (individually and collectively the “Sweepstakes Site”). THIS SWEEPSTAKES IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY INSTAGRAM or TWITTER. The Sweepstakes begins on 04/30/2015 at 12:00 p.m. Pacific Daylight Time (“PDT”) (the “Start Date”), and ends on 05/27/2015 at 11:59 p.m. PDT (the “End Date”) (such period, the “Sweepstakes Period”). BY ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES, ALL ENTRANTS AND OTHER PARTICIPANTS AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH ARE FINAL AND BINDING ON ALL MATTERS PERTAINING TO THIS SWEEPSTAKES.

 

  1. 1.     ELIGIBILITY AND REGISTRATION TO PARTICIPATE IN THE SWEEPSTAKES.

 

a. Eligibility in General. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. The Sweepstakes is open to any individual who is, as of the Start Date, (i) a legal resident of one of the fifty (50) contiguous United States or the District of Columbia, and excluding Puerto Rico, U.S. Virgin Islands, and all other United States territories (the “Eligibility Area”) and (ii) 18 years of age or older. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE OTHERWISE PROHIBITED BY LAW (certain states may impose additional eligibility restrictions). Odds of winning are determined by number of entries received. Misrepresentation of age, upon discovery by Sponsor, will disqualify the applicable participant. Employees, officers, directors, shareholders, agents, and representatives of Sponsor, [Focus Features LLC], and their respective affiliates, licensors, and advertising and promotional agencies (the foregoing entities, the “Sweepstakes Entities”) and the immediate family members and members of the same households of any such employees, officers, directors, shareholders, agents, and representatives, are not eligible to participate in the Sweepstakes in any manner except as otherwise expressly provided herein (e.g., as non-Entrant individuals judging Entries during specific stages of the Sweepstakes) or to win any prize. Sponsor reserves the right, at any time and in its sole discretion, to refuse to allow any individual to participate or continue to participate in the Sweepstakes, or to disqualify any individual it suspects to be tampering with the entry process or the operation of the Sweepstakes, or the Sweepstakes Site; to be in violation of any terms and conditions governing the Sweepstakes (collectively, “Terms of Use”) or any of the privacy policies governing the submission of information in connection with the Sweepstakes (collectively, “Privacy Policy”); to be in violation of these Sweepstakes rules (the “Official Rules”); to be acting in bad faith, or in a non-sportsmanlike or disruptive manner; or to be annoying, abusing, threatening, or harassing any other person. ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES SITE OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE PARTICIPANT(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION. By participating in the Sweepstakes in any manner, you agree to be bound by these Official Rules and by all decisions of Sponsor, which decisions shall be final and binding in all respects. Sponsor reserves the right to disqualify any Entrant (as defined herein) if, in Sponsor’s sole discretion, such Entrant is ineligible, unable, or unwilling to continue his or her participation in the Sweepstakes.

 

b. Entry and Participation. At the start of the Sweepstakes Entry Period(s) (Open/Close Entry Period as described in 1c.) Townsquare will post the details of how to enter the Sweepstakes across various Townsquare websites and social media channels, including but not limited to [PopCrush.com, Justjared.com]. Entrants may enter by creating an Instagram video, Instagram photo or relatable tweet based on Sweepstakes theme as determined and described by Townsquare (each an “Entry”). [THE THEME FOR THE INSIDIOUS CHAPTER 3 SWEEPSTAKES IS TO ‘SHOW US WHAT YOU WOULD DO IF YOU ENCOUNTERED AN ISIDIOUS ENTITY’] Multiple Entries per Entrant are acceptable provided each conforms to the Eligibility Guidelines (as described in Section 1.a. as well as this Section 1.b.) To fully comply, each Entry submitted via Instagram or Twitter must include the hashtag, [#InsidiousScareDare]. Each Entry submitted via Instagram or Twitter must comply with the applicable technical requirements (e.g. size, format) for such social media channel. Entrants may also enter the Sweepstakes on various Townsquare websites by entering a valid email address and earning multiple entries by performing operations as described on the websites. The use of any agencies or automated software to submit entries will void all entries submitted by that person. Entrant is confirming that they have read and agree to comply with: (i) these official rules; (ii) Townsquare’s terms of service, located at http://www.townsquaremedia.com; (iii) the terms of use located at [PopCrush.com/terms/] and (vi) all other Sweepstakes requirements. In the event of a dispute as to the origin of an Entry, the authorized account holder of the social media account, associated with the Entry will be deemed to be the Entrant. Potential Winner (defined below) may be required to show proof of being the authorized social media account holder, as determined by Sponsor in its sole discretion. So long as an Entry conforms to the Eligibility Guidelines (as described in Section 1.a. as well as this Section 1.b.) it will be entered into the random drawing as described in Section 2.a. For the sake of clarity, there are no other qualitative requirements.

 

c. Entry Period. During the Sweepstakes Period users will be eligible for multiple prize packages but limited to being named the winner of only one package. Winners will be chosen at random using the guidelines described in section 2.a.

 

d. Entry Restrictions. An Entry must comply with any applicable terms of use for the social media platform used for Entry. An Entry must NOT contain any derogatory references to any Sweepstakes Entities. Additionally:

  • Entrant must be the rightful owner of each Social Media Account associated with the Sweepstakes entry
  • Entrant must set its Social Media Accounts as public as defined in each social media channel, Entrant should refer to instructions on each social media channel’s FAQ pages for how to designate such account as public;
  • Entrant must NOT be under any contractual obligation that would conflict with this Sweepstakes;
  • Entrant must be the rightful owner of the Entry (as defined herein) or must have the rights, title and interest necessary to utilize the Entry for the Sweepstakes in compliance with these Official Rules.

 

2. THE SWEEPSTAKES

 

a. Determining the Winner. Sponsor and/or its designees will review all eligible Entries for conformity to the rules throughout the Sweepstakes Period. Sponsor and/or its designees will choose a total of three (3) entries in a random drawing of all eligible entries received during the Sweepstakes Period to be deemed the potential prize package winners (the “Potential Prize Winners”). (Each Potential Prize Winner is sometimes referred to herein as “Potential Winner.”) Potential Prize Winners will be selected on the dates outlined below. If a selected Potential Winner is deemed ineligible at any point during the Clearance Process the Sponsor reserves the right to select an alternate Potential Winner on or later than the selection date listed below. Users are only eligible for one (1) of the total prize packages across the entire Insidious Chapter 3 Sweepstakes. Once a potential prize winner is selected to win one (1) prize, they will no longer be eligible to win any other prizing in relation to the Insidious Chapter 3 Sweepstakes. In the event that a potential winner’s guest is entered in the sweeps, the guest will then forfeit their right to be eligible for any future prizing. Previous prize winners cannot act as the guest for a future prize winners. Once the Potential Prize Winner completes the Clearance Process defined below (including submitting a fully completed Affidavit of Eligibility and Release) the Potential Prize Winner will be named the prize winner (“Prize Winner”). (The Prize Winner is sometimes referred to herein as “Winner”). NO ENTRANT WILL BE DEEMED TO BE A WINNER, OR WILL BE AWARDED ANY PRIZE, UNLESS AND UNTIL SUCH ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED BY SPONSOR IN ITS DISCRETION, ENTRANT HAS BEEN NOTIFIED THAT SUCH VERIFICATION IS COMPLETE, AND ENTRANT HAS COMPLIED WITH ANY SPONSOR REQUIREMENTS (INCLUDING WITHOUT LIMITATION THOSE SET FORTH IN SECTION 2.b. BELOW). Sponsor may require such Potential Winner to answer additional questions or participate in additional screening procedures; require such Potential Winner to sign consent forms, releases (including, without limitation, Sponsor’s standard “Affidavit of Eligibility and a Liability/Publicity Release”); and/or disqualify any Potential Winner who is unable or unwilling to do or provide any of the foregoing (“Clearance Process”).

 

Prizing Festival Location Potential Winner Selection
Prize 1 Las Vegas, Nevada 05/06/15
Prize 2 East Rutherford, NJ 05/18/15
Prize 3 New York, New York 05/27/15

 

 

b. Winner Notification:  The potential winner will be notified by email, or through a direct message, private photo message, or comment from Sponsor to the potential winner’s Twitter, Instagram or Facebook account used to enter the Sweepstakes, as applicable.  In order to receive a direct message from Sponsor via Twitter, you must be following @PopCrush and your account settings must be set to “unprotected” and/or “public.”  In order to receive a private photo message from Sponsor via Instagram, you must be following PopCrush and allow PopCrush to follow you.  At the sole discretion of Sponsor, the potential winner may be disqualified and forfeit the prize, and an alternate winner selected if (a) the winner fails to respond within three (3) calendar days of the date notice is sent; (b) Sponsor receives notice that email or notice through a Social Media Site is undeliverable; (c) the potential winner fails to provide Sponsor with satisfactory documentation of age, identity and residency; or (d) the potential winner fails to sign an Affidavit of Eligibility and Liability and provide a Social Security number within three (3) calendar days from the initial outreach date sent by Sponsor.  If a potential winner is disqualified for any reason, an alternate winner will be randomly selected.  In the interest of time if necessary, up to two (2) alternate winners for each prizing period will be selected and be vetted through the clearance process. If the prize is not accepted by any eligible winner, the prize will not be awarded.  No notification will be provided to any non-winning entrants.  Sponsor is not responsible for any change in email or mailing address or Social Media Site account, or for any failure to receive a notification or prize.

 

c. Clearance Process. The Potential Winner must complete the Clearance Process within two (2) days from the moment of notification to receive any prize. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate Winner. If the Potential Winner does not reply to the notification within two (2) days of its issuance, is ineligible, or cannot or does not comply with the Official Rules, he/she will be disqualified, the prize will be forfeited and an alternate Winner may be randomly selected, at Sponsor’s discretion. Sponsor reserves the right to provide an independent third party (the “Auditing Entity”) with any Entry submitted by such Potential Winner in order that such Auditing Entity may examine such Entry and confirm, subject to its and Sponsor’s discretion, that such Entry complies with these Official Rules. In the event that any Potential Winner elects to end his or her participation in the Sweepstakes, is unable to participate further in the Sweepstakes for any reason, becomes unresponsive for 24 hours or more at any point in the process or is, in Sponsor’s sole discretion, deemed to be ineligible to participate, Sponsor reserves the right to select an alternate Potential Winner in its sole discretion and will be disqualified for all prizing for the remainder the sweepstakes.

 

d. Prize. Three total Winner(s) to be selected at random during designated entry periods. The odds of winning depend on the number of eligible entries submitted during designated Entry Period. Three (3) separate winners will receive one (1) prize package each. Each Prize package includes a three (3) day/two (2) night travel package for the winner and one (1) guest. The travel package will also include attendance to the festival corresponding to the open entry period in which the winner submitted (festival location to be determined by sponsor based on designated sweepstake entry periods).

 

Prize 1: Las Vegas

This prize will include (a) roundtrip coach/economy class airfare for the winner and up to one (1) guest between the major commercial airport closest (as determined by Sponsor in its sole discretion) to the winner’s residence in the continental United States (including the District of Columbia) and a Las Vegas-area airport selected by Sponsor in its sole discretion (however, if the winner lives in, or within 250 miles of, Las Vegas, transportation will not be provided); (b) room accommodations consisting of one (1) room for the nights of 05/15 and 5/16/, 2015 at a domicile selected by Sponsor in its sole discretion; (c) two (2) GA (General Admission) tickets to attend the designated Music Festival; and (d) ground transportation voucher to be used (not limited to) transportation to and from the domicile and the designated Music Festival. If winner does not stay in provided housing they will be responsible for their own accommodation during the dates of 05/15/15 and 05/16/15 as well as transportation to and from designated Music Festival.  The approximate retail value of the prize is $4,999.99.  The actual value may vary, depending on date and point of departure.  Any difference between the stated and actual value will not be awarded.

 

Prize 2: East Rutherford, NJ

This prize will include (a) roundtrip coach/economy class airfare for the winner and up to one (1) guest between the major commercial airport closest (as determined by Sponsor in its sole discretion) to the winner’s residence in the continental United States (including the District of Columbia) and a New York-area airport selected by Sponsor in its sole discretion (however, if the winner lives in, or within 250 miles of, New York, transportation will not be provided); (b) room accommodations consisting of one (1) room for the nights of 05/29 and 5/30, 2015 at a domicile selected by Sponsor in its sole discretion; (c) two (2) GA (General Admission) tickets to attend the designated Music Festival; and (d) ground transportation voucher to be used (not limited to) transportation to and from the domicile and the designated Music Festival. If winner does not stay in provided housing they will be responsible for their own accommodation during the dates of 05/29/15 and 5/30/15 as well as transportation to and from designated Music Festival.  The approximate retail value of the prize is $4,999.99.  The actual value may vary, depending on date and point of departure.  Any difference between the stated and actual value will not be awarded.

 

Prize 3 Entry Period: New York, NY

This prize will include (a) roundtrip coach/economy class airfare for the winner and up to one (1) guest between the major commercial airport closest (as determined by Sponsor in its sole discretion) to the winner’s residence in the continental United States (including the District of Columbia) and a New York-area airport selected by Sponsor in its sole discretion (however, if the winner lives in, or within 250 miles of, New York, transportation will not be provided); (b) room accommodations consisting of one (1) room for the nights of 06/05 and 06/06, 2015 at a domicile selected by Sponsor in its sole discretion; (c) two (2) GA (General Admission) tickets to attend the designated Music Festival; and (d) ground transportation voucher to be used (not limited to) transportation to and from the domicile and the designated Music Festival. If winner does not stay in provided housing they will be responsible for their own accommodation during the dates of 06/05/15 and 06/06/15 as well as transportation to and from designated Music Festival.  The approximate retail value of the prize is $4,999.99.  The actual value may vary, depending on date and point of departure.  Any difference between the stated and actual value will not be awarded.

 

Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption of travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim the prize. In the event that the Prize Winner is unable to comply with the terms of these Official Rules, Sponsor reserves the right to deem such individual ineligible and to select a new Grand Prize Winner from among the remaining entrants.

 

Each of the winner’s travel companions must be at least 18 or the age of majority in his/her jurisdiction of residence, unless the child or legal ward of the winner.  All prize-related travel arrangements will be determined and administered by Sponsor or Sponsor’s authorized designee.  Sponsor is not obligated to replace any lost or stolen tickets (including designated Music Festival Tickets), travel vouchers or certificates or similar items once they are in the winner’s possession or in the possession of a travel companion. If the winner decides to travel with no travel companions, no additional compensation will be awarded.

 

All taxes (including without limitation federal, state, and local taxes) on or connected with the prize and the reporting consequences thereof, and any other costs, fees, and expenses not explicitly stated herein are the sole responsibility of Winner. Sponsor will issue Grand Prize Winner a 1099 form. All prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the Winner because of an incorrect or changed address or other contact information. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion.

 

 

  1. 2.              MISCELLANEOUS

a. NOTICE:  Sponsor is not responsible for faulty, incorrect or mistranscribed transmissions, incorrect or incomplete announcements, technical hardware or software failures or human error of any kind, including, without limitation, any injury or damage to any person’s hardware or software related to or resulting from participating in or submitting any materials in connection with the Sweepstakes, lost or unavailable network or telephone connections, or any failed, incomplete, garbled or delayed computer or telephone transmission that may limit any individual’s ability to participate in the Sweepstakes. Sponsor reserves the right to modify, suspend or terminate the Sweepstakes if any fraud, misconduct or technical failure destroys or compromises the integrity of the Sweepstakes; or if a computer virus, bug, or other technical problem corrupts or compromises the administration or security of the Sweepstakes, as determined by Sponsor, in Sponsor’s sole discretion.  In the event of termination or modification, a notice will be posted on the Sweepstakes page and Sponsor will select a winner from all eligible entries received up to the time of termination or in accordance with the modification, as applicable.  Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.

 

c. General; List of Winners; License. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision. All federal, state, and local laws and regulations apply. After the end of the Sweepstakes Period, the name of the Winner may be posted to the Sweepstakes Site, and/or to another Sponsor-affiliated site or service. In addition to any other grants that may be granted in any other agreement entered into between Sponsor and any Winner, where permitted by law, each such individual agrees to grant to Sponsor, the Sweepstakes Entities, and their respective licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, such individual’s name, photograph, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor in its sole discretion; and upon request, each such individual (or, if a minor, such individual’s parent or legal guardian) will provide written consent to the foregoing uses. To request the name of the winners, send a separate, self-addressed stamped envelope (stating the specific Giveaway you are requesting the winners for) to [#InsidiousScareDare], c/o Townsquare MMN LLC, 240 Greenwich Avenue, Greenwich, CT 06830. Requests must be received within thirty (30) days from the end date of the applicable Giveaway.

 

d. Disclaimer and Limitation of Liability. The Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. The Sweepstakes Entities are not responsible for any incorrect or inaccurate information, reviews, ratings, rankings, or other materials, whether caused or created by authorized web site users, by tampering or “hacking,” or by any of the equipment, software, or programming related to the Sweepstakes Site or the Sweepstakes, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Sweepstakes Site, or any Entry. Although Sponsor attempts to ensure the integrity of the Sweepstakes, Entrants acknowledge that Sponsor is not responsible for the actions of Entrants or other participants in connection with the Sweepstakes, including Entrants’ or others’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. Sponsor is not responsible for injury or damage to Entrants’ or to any other person’s computer, other equipment, or person in connection with participation in the Sweepstakes, or downloading materials from or using the Sweepstakes Site. If, for any reason, the Sweepstakes is not capable of continuing as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, marketplace demands, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend the Sweepstakes. IN NO EVENT WILL THE SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES SITE, THE STREAMING, DOWNLOADING, AND/OR PRINTING OF MATERIALS FROM THE SWEEPSTAKES SITE, SPONSOR’S OR ANY THIRD PARTY’S REMOVAL FROM THE SWEEPSTAKES SITE OF OR DISCONTINUATION OF ACCESS TO ANY ENTRIES OR OTHER MATERIALS, THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, OR ANY HARM RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL ENTRIES, AND ALL OTHER MATERIALS PROVIDED ON OR THROUGH THE SWEEPSTAKES SITE ARE PROVIDED

“AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

c. Dates and Deadlines. Because of the unique nature and scope of the Sweepstakes, and because of the complexity of the technology underlying the administration of the Sweepstakes, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise related to the Sweepstakes.

 

d. Release and Indemnification. BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANT: (A) RELEASES AND HOLDS TOWNSQUARE MMN, LLC , AND ALL OTHER SWEEPSTAKES ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES); (“LOSSES”) OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SWEEPSTAKES SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY ENTRIES OR OTHER MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, DISPARAGEMENT AND/OR INVASION OF PRIVACY; AND (B) INDEMNIFIES AND HOLDS HARMLESS TOWNSQUARE MMN, LLC, AND ALL OTHER SWEEPSTAKES ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES FROM ANY AND ALL LOSSES (AS DEFINED ABOVE) OF ANY KIND THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY SWEEPSTAKES ENTITIES AT ANY TIME IN CONNECTION WITH THE ENTRIES, OR OTHERWISE RELATING TO ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION CLAIMS CONCERNING THE INFRINGEMENT UPON OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OR DEFAMATION OR DISPARAGEMENT OF ENTITIES RELATED TO THE SWEEPSTAKES.

 

e. Arbitration. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES ARISING UNDER OR RELATING TO THESE OFFICIAL RULES OR THIS SWEEPSTAKES, THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. In the event of any dispute arising out of or in connection with these Official Rules or the Sweepstakes, such dispute shall be submitted to arbitration to be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by these Official Rules. The Supplementary Procedures are currently available online at http://www.adr.org (click on the link labeled “Rules,” and then click on the link labeled “Supplementary Procedures for Consumer-Related Disputes”). The arbitrator shall not have the power to impose punitive damages. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the County of New York in the State of New York, United States of America. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves the confidentiality of Company’s trade secrets and other confidential information. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of New York or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of these Official Rules, all such disputes. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any other agreements you may enter into with Sponsor in connection with the Sweepstakes, shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. The award rendered by the arbitrator may be confirmed and enforced in any court of competent jurisdiction. If either party shall fail to appear at a hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning the Sweepstakes, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section 3(e). For any claim for equitable or injunctive relief, you agree to submit to the exclusive jurisdiction of any state or federal court located in the County of New York in the State of New York, and you waive any jurisdictional, venue or inconvenient forum objections to such courts. IF YOU DO NOT AGREE TO THESE REQUIREMENTS (OR ANY OTHER PROVISION OF THESE OFFICIAL RULES), YOU CANNOT PARTICIPATE IN THE SW EEPSTAKES.

 

f. Governing Law. The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. For any dispute not subject to arbitration according to Section 3(e) above, you irrevocably agree to personal jurisdiction by the federal and state courts located in the County of New York in the State of New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby irrevocably waive all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with participating in the Sweepstakes), and you further irrevocably waive all rights to have damages multiplied or increased. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR ENTRIES OR OTHERWISE RELATED TO THE SWEEPSTAKES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

g. Privacy. Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules and information submitted through the Sweepstakes Site will be governed by their applicable privacy policies, provided that in the event of any conflict between these Official Rules and such privacy policy, the terms and conditions of these Official Rules shall prevail. Specifically and without limitation, Sponsor reserves the right to communicate with any Entrant about his or her Entry, and because of the potential critical nature of such communications to the operation of the Sweepstakes, Entrant will not be permitted to “opt out” of receiving such communications.

 

h. Headings. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.

 

i. Non-Endorsement. The use of any non-Sponsor trademarks, service marks, logos, or other marks in connection with this Sweepstakes or any prize is not meant by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the Sweepstakes Site or the Sweepstakes.

j. Interpretation. In the event of any conflict between any information provided on the Sweepstakes Site regarding the Sweepstakes (such as a “F.A.Q.”), on the one hand, and these Official Rules, on the other, these Official Rules shall govern.