Insidious Screamiere Promotion
THIS PROMOTION IS OPEN ONLY TO ELIGIBLE INDIVIDUALS WHO ARE IN RIGHTFUL POSSESSION OF A TICKET TO A PREMIERE (DEFINED BELOW) AND WHO ACTUALLY ATTEND THAT PREMIERE DURING THE TIMES DESIGNATED FOR ENTRY IN THE PROMOTION.
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
POTENTIAL WINNER (AND ANY MINOR WINNER’S PARENT OR LEGAL GUARDIAN FOR HIMSELF OR HERSELF AND ON BEHALF OF THE MINOR) MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE, WITHIN THE TIMEFRAME SPECIFIED BY SPONSOR, AS MORE FULLY DETAILED BELOW.
BY ENTERING THE PROMOTION YOU (AND ANY MINOR ENTRANT’S PARENT OR LEGAL GUARDIAN FOR HIMSELF OR HERSELF AND ON BEHALF OF THE MINOR) AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE SPONSOR (DEFINED BELOW), A CLASS-ACTION WAIVER, A REQUIREMENT THAT DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. OVERVIEW & PARTICIPATION PROCESS: The Insidious Screamiere Promotion (“Promotion”) is sponsored by Focus Features LLC (“Sponsor”). Eligible individuals (see Eligibility requirements, below) may participate in the Promotion only at select screenings of Insidious currently scheduled to take place on June 3, 2015 at participating theaters (“Screening(s)”) and only if they are in rightful possession of a valid ticket for a Screening and attend that Screening. Screening tickets are made available via a variety of methods, none of which are affiliated with this Promotion. The entry period for the Promotion will depend upon the Screening attended, but will begin approximately one (1) hour prior to the time designated on the ticket for that Screening and will be completed prior to the start of the Screening (each, an “Entry Period”). You must be present at your participating theater with a valid ticket for the Screening at that theater prior to the start of the Screening to participate in this Promotion. Screams will be heard on a first come first served basis and Sponsor’s decision to stop hearing screams will be final and determined in Sponsor’s sole discretion. To participate, eligible individuals will need to scream their best horror-movie scream for one of Sponsor’s designated representatives at the Screening they attend, which may be recorded via audio or video. Sponsor’s representative(s), in their sole discretion, will choose up to ten (10) local finalists to scream in front of that Screening audience (which may be recorded via audio or video) and Sponsor’s representative(s) will choose (in their sole discretion) one (1) official finalist from among the local finalists at that Screening, for a total of approximately twenty-eight (28) official finalists across all Screenings (depending on the final number of Screenings) (“Finalists”). Sponsor and its designated representative will select the one (1) winner (subject to verification) on or about June 30, 2015 by reviewing the Finalists’ recorded screams from the local Screenings to determine the one (1) winner in this Promotion, in Sponsor’s sole discretion. Sponsor reserves the right to contact Finalists to have them re-perform their scream in Sponsor’s sole discretion. Promotion participants must follow all instructions provided by Sponsor at the Screening, which may include showing identification, completing and submitting a participation form and signing a liability and publicity release, prior to being allowed to scream for the Sponsor. Each eligible participant may only participate one time in this Promotion across all Screenings and may only attempt to show Sponsor their best scream one (1) time at any given Screening (unless directed otherwise by Sponsor or its representatives). Theaters have the right to deny access to a Screening in accordance with their policies and procedures and participants agree that the Released Parties will have no liability to participants in connection with any such denial. Likewise, Sponsor reserves the right to deny a participant from attempting a scream or entering the Screening and the Released Parties will have no liability in connection with the same. Sponsor may void entries or refuse entry altogether if a participant fails to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Promotion-related activity, including, without limitation, attendance at the Screening and creation of the scream. Each participant understands and agrees that the Released Parties (defined below) have the right, in their sole discretion, to disqualify and remove a participant from any activity at any time if participant’s behavior is at any point uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of any Released Party or otherwise violates the policies of a Released Party, and, in such a case, the entry associated with such participant will be void. Screams that contain obscene, offensive, or objectionable content or content that violates a third party’s intellectual property rights or communicates messages inconsistent with the positive images to which the Released Parties wish to associate (all as determined by Sponsor in its sole discretion) will be void and not eligible for entry. As a condition of entering the Promotion, each participant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and complying with applicable laws, regulations and rules.
2. ELIGIBILITY: This Promotion is open only to legal residents of any one (1) of the forty-eight (48) contiguous United States (excluding Alaska or Hawaii) or the District of Columbia (“Territory”) who are at least eighteen (18) years of age as of the date of entry, who are in rightful possession of a valid ticket for a Screening (all as determined in Sponsor’s sole discretion), and who attend the Screening during the applicable Entry Period. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, Blumhouse Productions, each participating theater, and each of their corporate partners, parent companies, divisions, subsidiaries, affiliates, assigns, and successors in interest, each of their respective advertising, promotion and public-relations agencies, and any other party participating in the development, design, administration, or fulfillment of this Promotion (collectively, the “Released Parties”), and the immediate families (defined as any spouse, domestic partner, parent, legal guardian, sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and members of the same household (whether legally related or not) of each such individual, are ineligible to participate or win the prize in this Promotion. Participation in this Promotion constitutes participant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor. This Promotion is void in all U.S. territories (including Puerto Rico), possessions and overseas military installations and where prohibited by law. If a participant is an eligible minor in his or her state of residence, his or her parent or legal guardian agrees to these Official Rules along with and on behalf of his or her minor child. All rights and responsibilities of a minor under the Official Rules are conferred and assumed respectively by the minor’s parent or legal guardian in representation of the minor. Corporate entities are not eligible and have no right to claim any prize won by their employees.
3. WINNER SELECTION/NOTIFICATION: For each Screening, one (1) potential Finalist (for a total of approximately twenty-eight (28) Finalists across all Screenings) will be selected from among all eligible entries received at that Screening as detailed in Section 1 of these Official Rules. Finalists must be and remain present at the Screening through Finalist determination and notification to maintain Finalist status. If a local finalist is not present at the time of announcement, he/she will forfeit his/her local finalist status and any official Finalist status. Finalists may be required to execute additional Sponsor-provided documentation to be verified as a Finalist. The odds of being selected as a Finalist depend on the number of screams and the quality of each scream.
One (1) potential winner will be selected by Sponsor and its designated representatives from among all Finalists on or about June 30, 2015. The odds of winning depend on the quality of Finalist screams. Sponsor or its designee will attempt to notify the potential winner that he or she may have won the prize in this Promotion by mail, e-mail or telephone (at Sponsor’s sole discretion) on or around July 7, 2015. The potential winner will be required to complete, sign, have notarized (if applicable), and return an Affidavit of Eligibility, Confidentiality Agreement and Liability/Publicity Release (unless prohibited by law), tax documents, and any other documentation requested by any Released Party (collectively, “Prize Winner Documents”), any or all of which may require the potential winner to provide his or her Social Security Number and a copy of a government-issued identification or number therefrom, within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. The Prize Winner Documents, if applicable, must be received by Sponsor within two (2) weeks of Sponsor sending the documents to the potential winner or other time frame as stated in the Prize Winner Documents, or prize may be forfeited and an alternate winner may be selected. The prize claim and Prize Winner Documents are subject to verification by Sponsor. The prizes, if legitimately claimed, will be awarded.
If any prize, notification, or other Promotion-related communication is returned as undeliverable or if a selected potential winner or Finalist cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner or Finalist, that selected winner or Finalist may be disqualified and an alternate winner or Finalist (as applicable) may be selected (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner or Finalist, if any. Sponsor will not be obligated to pursue more than three (3) alternate winners or Finalists (as applicable and time permitting) for any reason.
4. PRIZE, QUANTITY & APPROXIMATE RETAIL VALUE (“ARV”): One (1) winner, subject to verification, will receive a trip for winner and one (1) guest on Sponsor-selected dates within eighteen (18) months of winner verification to a location in the Territory to experience a visit to the set of a to-be-determined Blumhouse Productions’ selected film (“Movie”) and, for the winner alone, to be an extra in a scene during filming (scene selected by Blumhouse Productions in its sole discretion). The Movie prize trip consists solely of the following for use by winner and his or her one (1) guest: two (2) round-trip, economy-class airfare tickets from a Sponsor-selected airport near the winner’s residence in the Territory to a Sponsor-selected airport in the Territory near where filming will occur; hotel accommodations (one (1) room, based on double occupancy) for two (2) nights at a Sponsor-selected hotel at or near the filming location; a visit to the set of the film and ground transportation to and from the set visit; and two hundred fifty dollars ($250) for the winner in a form to be determined by Sponsor to be used toward meals or entertainment while on the trip. If a winner cannot/chooses not to travel on the Sponsor-selected dates associated with filming of the Movie, Sponsor will provide the winner a trip for winner and one (1) guest to Los Angeles, CA on dates within eighteen (18) months of the end of the Promotion Period (final dates subject to Sponsor approval) (“Replacement Trip”). Such Replacement Trip would consist solely of the following for use by winner and his or her one (1) guest: two (2) round-trip, economy-class airfare tickets from a Sponsor-selected airport near the winner’s residence in the Territory to a Sponsor-selected airport near Los Angeles, CA; hotel accommodations (one (1) room, based on double occupancy) for two nights in Los Angeles, CA; and two hundred fifty dollars ($250) for the winner in a form to be determined by Sponsor to be used toward meals or entertainment while on the trip. If dates for travel to Los Angeles, CA as part of the Replacement Trip that are acceptable to Sponsor cannot be determined, Sponsor reserves the right to disqualify that winner and select an alternate winner (time permitting and in its sole discretion).
The ARV of the prize is $3600USD.
Depending on his/her respective union and/or guild status, winner may be required to execute a non-union extras agreement (or other agreement) pursuant to Screen Actors’ Guild and any other union/guild requirements. If required by any union/guild or by law, winner will be paid by Sponsor the minimum fee that is required by such union/guild or law for his/her work as an extra. If requested by Sponsor, winner and his or her guest may also be required to execute additional agreements with Sponsor, Blumhouse Productions or other entities involved in the production of the Movie, such as a Day Player Agreement and Non-Disclosure Agreement, prior to participating in the Movie trip prize and visiting the film set. Failure of winner or his/her guest to execute any such required agreements may result in winner’s disqualification and forfeiture of any prize won. Winner acknowledges that participation as an extra during the filming of the Movie does not guarantee that winner will have a speaking role in, appear in, be recognizable in, or be credited in any theatrical or other public release of the film. If the filming of the Movie does not occur as scheduled for any reason, the portions of the prize related to being on set or an extra in the Movie will not be awarded and no substitute or compensation will be provided.
Actual retail value of the prize may vary depending on the location of the winner’s residence, Movie filming location, market conditions, changes in value of components (e.g., air transportation and hotel rates) and other reasons. The Released Parties are not responsible for and no winner will receive the difference between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or materials. Airfare tickets are subject to the issuer’s terms and conditions. Neither the winner nor his or her guest will accrue any reward mileage or points for travel completed as part of the prize trip. Winner must travel from a Sponsor-selected airport near his/her residence within the Territory on Sponsor-selected dates or the prize may be forfeited. Sponsor is not responsible for the potential winner’s inability to accept or use the prize for any reason, including, without limitation, inability to travel on the dates required. Failure to complete travel does not relieve winner of his/her tax obligations associated with winning the prize. In the event a winner lives within close proximity to any trip destination (as determined in Sponsor’s sole discretion), Sponsor will substitute airfare with ground transportation, and any difference in value will not be awarded to the winner. The winner and his/her guest must travel together on the same itinerary. Winner and guest must depart from and return to the same airport within the Territory. It is the sole responsibility of winner and his/her guest to comply with all travel requirements, which may include, without limitation, presenting necessary identification at the time of travel. The winner and guest must satisfy all security requirements and pass all security screening processes necessary to travel on prize trip, including, without limitation, those imposed by any government or governmental agency, any common carrier, or any of the Released Parties. Flight schedules are subject to change without notice. The Released Parties are not liable for any missed prize events, opportunities, or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. Additional restrictions may apply. Winner may be required to provide a credit card at time of check-in at each hotel to cover hotel incidentals. Winner’s guest must be at least the age of majority in his/her state of primary residence; if winner is under the age of majority, the winner’s guest must be his/her parent/legal guardian. Except for the one (1) guest permitted to accompany winner as part of his/her prize, winner will not be allowed to bring any additional family members or guests on the prize trip. Winner agrees that his/her guest must comply with Sponsor’s and each prize provider’s procedures and policies and must complete, sign, have notarized (if applicable), and return a release of liability, a confidentiality agreement, and, where legal, a publicity release to Sponsor in the timeframe specified or travel will not be allowed. Once selected by the winner, a guest cannot be changed without the express consent of Sponsor, which may be withheld for any reason and at Sponsor’s sole discretion. By entering this Promotion and accepting the prize, winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Promotion- or prize-related activity. Winner understands and agrees that Sponsor and the applicable prize providers have the right, in their sole discretion, to disqualify and remove winner or his/her guest from any activity at any time if the winner’s or his/her guest’s behavior is at any point uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of the prize providers, and, in such a case, the winner will remain solely responsible for all taxes and other expenses related to the prize and responsible for the costs of removing him or her (or his/her guest) from use of the prize and any related damages, losses, or expenses.
Specific travel arrangements and all prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion. Any taxes (federal, state, and local) and all meals, gratuities, in-room charges, travel expenses, insurance (including travel insurance not included as part of the prize), carrier fees, government charges, transfers, ground transportation, and other costs and expenses associated with prize acceptance or use and not specified in these Official Rules as being part of the prize will be the sole responsibility of the winner. The winner may be issued a 1099 and related tax forms for the actual value of the prize. No more than the stated prizes will be awarded. Sponsor will not replace any lost, mutilated, or stolen prizes or prize elements or any prizes that are undeliverable or do not reach any winner because of an incorrect or changed address. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers, prize substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. Winner is strictly prohibited from selling, auctioning, trading, or otherwise transferring any part of the prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. Any mailed prize elements will only be mailed or otherwise provided to the verified winner’s address in the Territory, unless Sponsor, in its sole discretion, agrees otherwise. Sponsor reserves the right to substitute any prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including unavailability of the stated prize. Each participant waives the right to assert as a cost of winning any prize any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
5. LIMITATION OF LIABILITY: EACH ENTRANT agreeS TO RELEASE, HOLD HARMLESS AND INDEMNIFY the released parties FOR ANY liability whatsoever for injuries or damages of any kind sustained in connection with the use, acceptance, possession, MISUSE or awarding of THE prize, while preparing for, participating in and/or traveling to or from any prize- OR PROMOTION-related activity, including, without limitation, any injury, damage, death, loss, OR accident to person or property. WINNER AGREES (AS BETWEEN SPONSOR AND WINNER) THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WINNER AGREES THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY. WINNER ACKNOWLEDGES THAT HE OR SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS, OR LIABILITIES OF HIS OR HER GUEST RELATED TO ANY PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO GUEST’S PARTICIPATION IN THE PRIZE TRIP.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6. ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the participant or by human error: any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Promotion-related correspondence or materials or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Promotion-related advertisements or other materials; failures of electronic equipment, computer hardware or software;or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties 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 participant’s e-mail account to receive e-mail messages. Released Parties are not responsible, and may disqualify an participant, if his or her e-mail address, telephone, or other contact information does not work or is changed without participant giving prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any participant or winner or any person claiming through such participant or winner for failure to supply the prize or any part thereof in the event that any of the Promotion activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, 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, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
7. PUBLICITY & GENERAL RULES: By entering the Promotion (except where prohibited by law), each participant grants the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, scream and any audio/video recording thereof, biographical information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each participant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating this Promotion, including interpretation of these Official Rules and awarding of the prize. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Promotion. Entrants further agree to not damage or cause interruption of the Promotion and/or prevent others from using the Promotion. Sponsor reserves the right, in its sole discretion, to void entries of any participants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Promotion. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Promotion or these Official Rules. If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. 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 is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Promotion is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Any dispute as to who submitted an entry will be resolved in Sponsor’s sole discretion. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATIONS OF THE PROMOTION MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Disputes/Governing Law. These Official Rules and any dispute relating to the Promotion will be governed by the laws of the California, without regard to its conflicts of law principles. Any dispute related to this Promotion must be resolved through an expedited, binding, conclusive, confidential arbitration proceeding under JAMS Expedited Arbitration in Los Angeles, California. Each party shall bear its own costs in connection with the arbitration and the parties shall evenly share the costs of the arbitration proceeding itself. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California.
Further, in any such dispute, under no circumstances will an participant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-pocket expenses (if any), not to exceed ten dollars ($10), and participant further waives all rights to have damages multiplied or increased. In no event shall any participant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of this Promotion, any Released Parties’ films or other properties, or any advertising or other materials issued in connection with the Promotion or any Released Parties’ films or other properties.
9. WINNER’S LIST/OFFICIAL RULES. To find out who won, _________. Requests must be received no later than three (3) months following the end of the Promotion Period. For a copy of these Official Rules, ____________ prior to the end of the Promotion Period.
10. THE SPONSOR OF THIS PROMOTION IS: Focus Features LLC, 1540 2nd St #200, Santa Monica, CA 90401.