“SINISTER SIGHTINGS COMIC CON SWEEPSTAKES”
OFFICIAL RULES (“Official Rules”)
NO PURCHASE, PAYMENT OR SHARING OF A PHOTO VIA SOCIAL MEDIA (“SHARING”) IS NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT OR SHARING OF PHOTO WILL NOT IMPROVE YOUR CHANCES OF WINNING.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter™ or Instagram™. You understand that you are providing your information to Sponsor and not to Twitter or Instagram. Any questions, comments or complaints regarding this Sweepstakes should be addressed to Sponsor and not to Twitter or Instagram.
SWEEPSTAKES ENTRY PERIOD & SPONSOR: The “SINISTER SIGHTINGS COMIC CON SWEEPSTAKES” (“Sweepstakes”) promoting the motion picture “Sinister 2” (the “Picture”) starts at 7:00 p.m. Pacific Time (“PT”) on 7/9/15 and ends at 11:59 pm PT on 7/12/15 (“Social Media Entry Period”) for submission of Social Media Entry (as defined below) and on 7/13/15 for the postmarking of a mail-in entry; with both methods of entry detailed below. The sponsor of the Sweepstakes is Focus Features LLC, 1540 2nd Street, #200, Santa Monica, CA 90401 (the “Sponsor). The use, collection, and sharing of the entry information provided by each Entrant (defined below) as part of the Entrant’s entry into the Sweepstakes will be governed at all times by these Official Rules (the “Official Rules”). The Sweepstakes is subject to the Official Rules, and by entering, entrant agrees to be bound by the terms and conditions herein and to all applicable federal, state and local laws.
ELIGIBILITY: Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia (“Eligibility Area”), who as of the date of their Entry (defined below) into the Sweepstakes are eighteen (18) years of age or older. Note: to enter via the Social Media Entry method detailed below you must be in the San Diego metropolitan area during the Social Media Entry Period. If you are not in the San Diego metropolitan area during the Social Media Entry Period or prefer not to enter via this method, enter via the Mail-in Entry method detailed below. Employees and their immediate family members (spouses, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren) of Sponsor, West Coast Marketing, a division of The Susquehanna Hat Company (“West Coast Marketing”), Six Flags Theme Parks, Inc., and each of their respective officers, directors, affiliates, subsidiaries, parent companies, and advertising and promotion agencies (collectively, the “Promotion Parties”) and those living in the household of same (whether legally related or not) are not eligible to enter or win. A prize won by an individual at least eighteen (18) years of age, but considered a minor (“Minor”) in his/her legal jurisdiction of residency will be awarded in the name of said Minor’s parent or legal guardian.
HOW TO ENTER: There are two (2) ways to enter the Sweepstakes; either by Sharing a Social Media Entry (defined below) via Twitter or Instagram, or without submitting a Social Media Entry, by mail. Details of entry are as follows:
How to Enter by Sharing a Photo via Instagram or Twitter: To participate in the Sweepstakes via this method, you must have an account with Instagram and/or Twitter (each a “Social Media Platform” and collectively the “Social Media Platforms”). If you do not have an account with either of the Social Media Platforms, go to the applicable website, www.instagram.com or www.twitter.com, and create an account according to the instructions on the website. Creating an account is free. Please note that you must accept and agree to comply with the terms and conditions for an applicable Social Media Platform to create an account. All entries sent via a Social Media Platform must comply with the applicable Terms of Service/Use of the applicable Social Media Platform. NOTE: Sponsor may not receive entries from Social Media Platform users with “protected” updates (i.e., user has set their account so that only people the user has approved can view their updates) due to the way each Social Media Platform operates its respective services.
During the Social Media Entry Period enter via Twitter or Instagram by:
1. Taking a photo (“Photo”) of either the twins with the Sinister 2 projections or the Sinister Video Wall projections (twins and Sinister Video Wall are available at various public locations in San Diego during the Social Media Entry Period and will be made public via @SinisterMovie social media announcements).
1. Uploading your Photo to your Instagram account or tweeting out the Photo and in either case, including the hashtag #SinisterSightings.
By completing the foregoing during the Social Media Entry Period you will be entered into the Sweepstakes (each such entry referred to as a “Social Media Entry”).
IMPORTANT: For wireless device communications, a service contract with a wireless Internet or airtime provider may be required. Check with your service provider for availability and coverage. Wireless access point required. Cellular telephone service may be required separately purchased contracts with a cellular telephone service provider with coverage in your service area. Cellular telephone company and/or wireless Internet company rates and fees apply. Contact your cellular telephone company and/or wireless internet company or review your service contract for complete details on these and any other applicable charges
Important Note: Opting to send or receive tweets or post Photos on or receive messages within Instagram via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Sweepstakes), standard text messaging and/or data rates will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by wireless mobile device and text message means that you understand that you may receive additional text messages from Sponsor relating to this Sweepstakes, including notifying you if you are a potential winner in this Sweepstakes, which will be subject to the charges pursuant to your carrier's rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Cell phone service may not be available in all areas. Check your wireless device’s capabilities for specific instructions.
Any attempt by any participant to enter by using multiple/different Instagram or Twitter accounts, e-mail addresses, identities, registrations and logins, or any other methods will void that participant’s Entries (defined below) and that participant may be disqualified, at the sole discretion of Sponsor. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Social Media Entries, which will be disqualified. In the event of a dispute regarding who submitted a Social Media Entry, the Social Media Entry will be deemed submitted by the authorized account holder of the e-mail address connected with the applicable Social Media Platform from which the Social Media Entry was sent. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by the Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. No automatically generated Social Media Entries will be accepted.
How to Enter by Mail Without Sharing a Photo: To enter without Sharing a Photo (as detailed above), on a postcard hand print your first and last name and residential address (as they appear on your driver’s license or governmental identification) (no P.O. boxes), telephone number, email address and date of birth and mail to “SINISTER SIGHTINGS COMIC CON SWEEPSTAKES”, P.O. Box 6041, Sherman Oaks, CA 91413. Machine duplicated or reproduced entries will not be accepted. Only one (1) individual’s name may be on each entry and only one (1) entry per envelope. By submitting the entry as detailed herein, you will receive one (1) mail-in entry (“Mail-In Entry”). Sponsor is not responsible for lost, late, stolen, damaged, misdirected, illegible, postage-due mail or human or other error that may occur in the receipt or processing of Mail-In Entries. All Mail-In Entries become property of Sponsor and will not be acknowledged or returned. Mail-In Entries must be postmarked by 7/13/15 and received by 7/20/15.
Social Media Entries and Mail-In Entries may be referred to herein individually as an “Entry” and collectively as “Entries”. Each individual submitting an Entry may be referred to as an “Entrant”.
A total of one (1) Entry per Entrant per day will be accepted for the duration of the Sweepstakes, regardless of method(s).
I. Social Media Entry Requirements:
1. Entrants agree to and understand that Social Media Entries will be made available to the public, including without limitation, posting on the Internet. Whether or not Social Media Entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Social Media Entries.
2. Each Social Media Entry must be an original creation of the submitting Entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Social Media Entry and each Social Media Entry must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Social Media Entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless Sponsor and its officers, directors, employees, and affiliated organizations, and their respective officers, directors, shareholders and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Entrant of these Official Rules or the warranties and representations made by Entrant in this paragraph. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original creation.
3. By uploading the Social Media Entry, the Entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Social Media Entry and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, make available to the public and/or reproduce the Social Media Entry through any media available at any time during, or after, the Sweepstakes Period on any related websites, in any promotional materials, whether related or unrelated to the Sweepstakes, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Sweepstakes. In addition, Entrant warrants that any so called “moral rights” in the Social Media Entry have been waived and Entrant acknowledges and agrees that Sponsor may use any ideas from any Social Media Entry or other submitted materials, whether or not Entrant has been awarded a prize in connection with any such Social Media Entry or other materials. Entrant agrees to release, defend, indemnify and hold harmless Sponsor, its employees, directors, officers, shareholders, members, agents, subcontractors and licensees from all claims, demands and causes of action of any nature whatsoever which Entrant or Entrant’s heirs, representatives, executors, administrators, or any other persons acting on Entrant’s behalf or on behalf of Entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by Entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Social Media Entry and any portion thereof, or the likeness of any natural person therein.
4. Entrants are responsible for securing necessary permissions, talent and location releases, and licenses for any visual and audio material contained in the Social Media Entries.
5. Sponsor is not responsible for any expenses incurred in the production and delivery of the Social Media Entries.
II. Social Media Entry Content Restrictions: Social Media Entries must not contain material that:
1. Contains or depicts someone smoking or intoxicated;
2. Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
3. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
5. Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
6. References persons or organizations (other than talent from the Picture) without their written permission;
7. Disparages any persons or organizations;
8. Includes threats to any person, place, business or group;
9. Is unlawful, in violation of or contrary to any applicable federal, state, or local laws and regulations.
Failure of any Social Media Entry to comply with the above “Social Media Entry Requirements” and “Social Media Entry Content Restrictions,” as determined by Sponsor, in its sole discretion, may result in disqualification of Entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Social Media Entry that, in its sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All Entries shall become the exclusive property of Sponsor and will not be returned. Entries must be suitable for presentation in a public forum, in sole determination of Sponsor.
The Sponsor’s database clock will be the official timekeeper for this Sweepstakes.
The Promotion Parties, Instagram, and any and all Internet server(s) and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations, retailers and advertising and promotion agencies, and all of their officers, directors, shareholders, employees and agents (collectively, “Releasees”) are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in the Sweepstakes; inability to access the Web Site, Instagram App, Split Pic App or upload Photo to the Web Site; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site (including the Web Site) or for any other reason whatsoever; typographical, printing or other errors; any emailed Entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or postage due, or any combination thereof. Proof of mailing Entry or uploading Photo to the Web Site is not considered proof of delivery or receipt. Illegible, incomplete and Entries in excess of the limits stated above and mechanically reproduced Entries will be disqualified. All Entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive Entries or acts shall render Entrants ineligible. By entering the Sweepstakes, Entrants affirm that they have read and accepted these Official Rules.
False and/or deceptive Entries or acts shall render Entrants ineligible. By registering to enter the Sweepstakes, entrant affirms that they have read, accepted and agreed to be bound by these Official Sweepstakes Rules.
The laws of the State of California, USA apply to and govern this Sweepstakes. By entering the Sweepstakes, Entrants hereby submit to the jurisdiction and venue of the federal and state courts located in Los Angeles County, California, United States and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum.
WINNER SELECTION: One (1) potential Grand Prize winner will be selected in a random drawing from among all eligible Entries on or about 7/20/15 by West Coast Marketing, an independent judging organization. Decisions of Sponsor and West Coast Marketing shall be final and binding in all matters relating to this Sweepstakes. The potential Grand Prize winner will be notified by private messaging via the social media method of entry on or about 7/20/15.
It is the Entrant’s responsibility to timely set Social Media Platform account settings to accept contacts by Sponsor and to timely check your account for such messages. Sponsor is not responsible for any failure of delivery of notice attempting to use such notification methods.
Potential Grand Prize winner will be required to respond to the notification within two (2) days, providing first and last name, complete mailing address within the Eligibility Area, daytime telephone number, email address, date of birth, and verifying eligibility in the Sweepstakes.
Potential Grand Prize winner (or potential Grand Prize winner’s parent or legal guardian if potential Grand Prize winner is a Minor) will be required to execute and return a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release form and a completed IRS W-9 form within three (3) business days of date of issuance. Grand Prize winner’s travel companion is required to be of majority age or older at the time of winner notification or be the Minor child or ward of the Grand Prize winner. Grand Prize winner’s travel companion (or Grand Prize winner if the travel companion is Minor child or ward of the Grand Prize winner) will also be required to execute and return a notarized Release of Liability form within this same deadline. A pre-paid overnight delivery service air bill will be provided to facilitate the return of all required documents. Potential Grand Prize winner’s failure to return all required forms in this three (3) business day time period may result in the potential Grand Prize winner being disqualified and (time permitting) an alternate winner may or may not be selected at Sponsor’s sole discretion. A Minor will not be allowed to participate in any portion of the Grand Prize without being accompanied by his/her parent or legal guardian.
If any prize notification or prize is returned as undeliverable for any reason, Sponsor may decide, in its discretion, to award such prize to an alternate eligible Entrant or if time does not permit (in Sponsor’s opinion) to not award such Prize.
Acceptance of the prize constitutes permission (except where prohibited) granted to Sponsor to use the winner’s name, likeness, picture, voice, biographical information and statements for publicity, advertising, trade and promotional purposes in connection with the Sweepstakes or the Picture in any and all media and manner and by any and all means now known or hereafter devised in perpetuity worldwide without additional compensation or limitation of any kind, and without the need to get any further consent.
Prize is not transferable, assignable, or redeemable for cash. No substitution for the prize by the winner will be allowed. If necessary, due to unavailability of the prize for any reason, a prize of equal or greater value will be awarded at the sole discretion of the Sponsor. Prize may not be sold, bartered or exchanged by winner. Prize is provided "as is" and without any warranty of any kind. Winner is responsible for all taxes and fees associated with prize receipt and/or use. By accepting the prize, winner acknowledges compliance with these Official Rules. All Federal, state and local tax liabilities are the responsibility of the winner.
Failure to respond to the attempted notification within two (2) days of the date of notification, return correctly executed documents or to comply with any other provision herein, may result in the prize winner being disqualified and an alternate prize winner may or may not be selected at Sponsor's sole discretion.
GRAND PRIZE (1): One (1) Grand Prize (referred to herein as “Grand Prize” or “Prize” ) will be awarded in the Sweepstakes. The Grand Prize consists of a trip (“Trip”) for the eligible Grand Prize winner (“Grand Prize Winner”) and one (1) travel companion (the “Travel Companion”) to Los Angeles, CA (“LA”) to attend Fright Fest at Six Flags Magic Mountain (“Event”), if held. The Grand Prize trip includes the following: (i) roundtrip (“R/T”) economy (coach) class airfare for two (2) from a major U.S. gateway airport near the Grand Prize Winner’s hometown (as determined by Sponsor) to LA; (ii) two (2) consecutive nights hotel accommodations (single standard room, double occupancy; room and room tax only) at a hotel (“Hotel”) in the LA area; (iii) one (1) general admission ticket each for Grand Prize Winner and his or her Travel Companion to the Event; winner and guest subject to all park rules and regulations (note: Event is only available on weekends: Friday-Sunday from 9/26/15-11/1/15); (iv) two (2) 2015 Priority Six Flags Magic Mountain Haunted Attraction wristbands and (v) R/T ground transfers between LA airport and Hotel. Specific air carrier(s), Hotel, and all other elements of the Trip are at the sole discretion of Sponsor or its designee(s). If the Event is canceled or delayed, the remaining elements of the Grand Prize (as detailed above) shall constitute the complete and total Grand Prize to be awarded. The approximate retail value (“ARV”) of the Grand Prize is $4,000.00. The actual value of the travel portion may vary depending on city of departure, dates and times of travel, airfare fluctuations and Hotel charges at the time of travel bookings. Therefore, the actual value of the Grand Prize awarded may be lower or higher at the time it is fulfilled. Any difference between actual value and stated ARV will not be awarded. Travel is subject to the restrictions and conditions set forth below. Grand Prize Winner must be able to travel on dates necessary to attend the Event (as determined by Sponsor) or the Grand Prize will be forfeited in its entirety and no additional prize element substituted and an alternate winner may be selected at sole discretion of Sponsor. If Grand Prize Winner lives within 150 miles of LA (as determined by Sponsor), airfare will not be provided and no ground transportation or additional compensation will be provided in lieu thereof. Any costs associated with Grand Prize receipt and/or use that are not expressly stated above are not included in the Grand Prize and are the responsibility solely of the Grand Prize Winner and his/her Travel Companion. Such costs may include, without limitation, any ground transportation (other than as expressly provided above), any unspecified state or local taxes or government surcharges or fees, trip and travel insurance and premiums, excursions, meals, drinks, incidentals, gratuities, telephone calls, charges for changing dates or other personal costs and expenses not specified herein and are the sole responsibility of the Grand Prize Winner and his or her Travel Companion. All travel arrangements are to be administered by Sponsor or its designee. Grand Prize Winner will be required to provide a minimum of thirty (30) days advance notice of desired departure date and all travel must be completed by 11/1/15 or prize will be forfeited in its entirety. Grand Prize Winner and his or her Travel Companion will be required to travel on identical itineraries including the same departure city, departure date, destination and return date. Grand Prize Winner and his or her Travel Companion will be required to provide valid Federal or state government issued photo ID at time of travel. If Grand Prize Winner elects to travel or partake in trip with no Travel Companion, no additional compensation will be awarded. Air transportation and Hotel accommodations must be taken together and cannot be taken separately. No changes will be made to travel details once any element(s) of the travel arrangements have been booked except at Sponsor’s sole discretion. All airline tickets issued in conjunction with prize are not eligible for frequent flyer miles or any other promotional benefit. Sponsor or its designee will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the Grand Prize Winner’s possession, or in the possession of the Grand Prize Winner’s Travel Companion. Grand Prize travel is subject to capacity controls, availability and certain other restrictions, which may include a Saturday night stay, all of which are subject to change. No stopovers are permitted on tickets issued as the Grand Prize; if a stopover occurs, the Grand Prize will terminate and full fare will be charged from the stopover point for the remaining trip segment(s), including the return. Once Hotel and flight arrangements have been confirmed, no changes will be allowed except by Sponsor. Any unclaimed and/or unused Grand Prize travel package will remain the property of Sponsor. A Minor will not be allowed to participate in any portion of Grand Prize Trip without being accompanied by his/her parent or legal guardian.
Awarding of the Grand Prize is subject to the Grand Prize Winner’s acceptance of all requisite conditions within these Official Rules and Grand Prize Winner’s ability and agreement to grant the rights set forth in these Official Rules and all required documents detailed herein.
NOTE: It is possible that the Grand Prize Winner and the Travel Companion will be photographed during the Event and Sponsor reserves the right to use such recorded stills and/or film/video footage (collectively, the “Footage”) to promote the Picture or Sponsor or its affiliates . There will be no compensation paid in connection with the possible use of the Footage as set forth above. The photographing of the Grand Prize Winner or Travel Companion during the Event is not guaranteed, and even if the Footage is shot, there is no guarantee (or obligation on the part of Sponsor) that the Footage will be used to promote the Picture or any other Sponsor or affiliate product or service.
ODDS OF WINNING: The odds of winning the Grand Prize are determined by the total number of entries received and are equal regardless of method of Entry.
Awarding of a prize is subject to the prize winner’s acceptance of all requisite conditions within these Official Rules and prize winner’s ability and agreement to grant the rights set forth in these Official Rules and (in the case of the Grand Prize winner), the Affidavit/Release document detailed above.
RELEASES: The Promotion Parties, Instagram, Twitter, Inc., and any and all Internet server(s) and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations, and advertising and promotion agencies, and all of their officers, directors, shareholders, employees and agents (collectively, “Releasees”) are not responsible for: any incorrect or inaccurate Entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in the Sweepstakes; inability to access any social media site; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site or for any other reason whatsoever; typographical, printing or other errors; any other Sweepstakes related materials which are late, lost, incomplete, misdirected, stolen, mutilated, illegible, or or any combination thereof. Proof of attempting to submit a Social Media Entry a Mail-in Entrys not considered proof of delivery or receipt. Illegible, incomplete and Entries in excess of the limits stated above and mechanically reproduced Entries will be disqualified. All Entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive Entries or acts shall render Entrants ineligible. By entering the Sweepstakes, Entrants affirm that they have read and accepted these Official Rules.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that any and all disputes and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration under JAMS Expedited Arbitration. The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the dispute. Entrant waives the right to seek indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased, and the arbitrator shall have no authority to award such damages. The determinations of the arbitrator shall be final and shall not be subject to judicial review; provided, however, that any award or determination rendered by the arbitrator may be entered in any court of competent jurisdiction. The expenses of arbitration, the fees and costs of legal counsel, experts and evidence shall be awarded to the prevailing party. In no event shall any entrant seek or be entitled to obtain rescission, injunctive or other equitable relief.
CHOICE OF LAW LAW/LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants and Releasees in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, USA.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
FORCE MAJEURE: Releasees shall not be liable to a prize winner or any other person for failure to supply a prize or any part thereof, 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 the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, 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, network or computer problems, internet problems, hacking, computer viruses, unauthorized computer access, tampering, or any other cause beyond Sponsor’s sole control. Releasees shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), Hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Releasees’ legal responsibility for loss or damage to baggage shall be strictly governed by the Warsaw Convention and the other applicable conditions of carriage set forth on the passengers’ tickets.
GENERAL: If for any reason this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any web site associated therewith (or any portion(s) thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of Entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, the Sponsor will conduct a random drawing to award the applicable prizes from among all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification, or suspension occurs, notification will be posted atwww.focusfeatures.com/article/SinisterSightingsSweeps. The Releasees are not responsible for the actions of Entrants in connection with the Sweepstakes, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
If a dispute arises about who submitted a Social Media Entry, the Social Media Entry will be deemed submitted by the authorized account holder of the Instagram or Twitter account entered (as applicable). The authorized account holder of the Instagram or Twitter account entered is deemed the natural person who has registered with Instagram or Twitter (as applicable) for the user name associated with the submitted Entry. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized user of the Instagram or Twitter account (as applicable) associated with the winning Entry and that all eligibility requirements are met.
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 Releasees are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant's email account to receive email messages. Also, the Releasees are not responsible, and may disqualify an Entrant, if his or her email address does not work or if it is changed without Entrant giving prior written notice to Sponsor.
NOTE: Entry must be made by the Entrant only as detailed above. Entries made by any other individual or any entity, and/or originating at any other web site or email address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. The use of any device or software to automate the Entry process is prohibited. Entries or other Sweepstakes materials that are incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late, misdirected, postage due, deceptive, in greater quantity than the limit stated above or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion.
No Injunctive Relief: EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE SWEEPSTAKES OR THE PICTURE, OR ANY OTHER MOVIE, PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS AFFILIATES.