A Monster Calls Sweeps

Posted by kristineko | September 2, 2016

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 /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 (OR ENTRANT’S PARENT OR LEGAL GUARDIAN IF ENTRANT IS A MINOR) 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 the Grand Prize winner or any other person for failure to supply the Grand 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.  

 

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 Grand Prize 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 at AMonsterCallsSweeps.com. 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, contests or promotions.  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 Social Media Platform account entered. The authorized account holder of the Social Media Platform account entered is deemed the natural person who has registered with the Social Media Platform 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 Social Media Platform account 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.

 

MISCELLAENOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Entry Site and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

 

No Injunctive Relief:  EACH ENTRANT (OR ENTRANT’S PARENT OR LEGAL GUARDIAN IF ENTRANT IS A MINOR) 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.

 

WINNERS LIST: For an Official Winners List (available after 9/25/16), or a copy of these Official Rules, send a self-addressed, stamped envelope to: “A MONSTER CALLS – NATIONAL READ A BOOK DAY SWEEPSTAKES” (please specify Official Winners List or Official Rules), P.O. Box 56436, Sherman Oaks, CA 91413. Residents of Vermont with a return address in Vermont may omit the return postage on their Official Rules request.  Official Rules are also available at AMonsterCallsSweeps.com during the Online Entry Period.

 

*Other name and brand may be claimed as the property of others.

 

 

 

 

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NO PURCHASE, PAYMENT OR RETWEETING IS NECESSARY. Purchase, payment or retweeting will not improve your chances of winning. Sweepstakes starts 10:00:00 am PT on 9/6/16 and ends 6:00:00 pm PT on 9/9/16 for Twitter entry and on 9/9/16 for postmarking mail-in entry. Open only to legal residents of 50 US & DC 13 or older. Limit 1 entry per person. Subject to <>[link]. See <>[link] for complete details including how to enter by mail. Void where prohibited. Sponsor: Focus Features. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter™.

 

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