Ellen & Love Beauty and Planet #RecycleTrickShotContest

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  THIS IS A CONTEST OF SKILL.  VOID WHERE PROHIBITED.  The entry period for the “Love Beauty and Planet #RecycleTrickShotContest” (“Contest"), sponsored by WAD Productions Inc. (“Sponsor”), begins Wednesday, April 22, 2020 at 6:00:00 a.m. Pacific Time (“PT”) and ends at 11:59:59 p.m. PT on Friday, May 22, 2020 (the “Contest Period”).   All federal, state, provincial and local laws and regulations apply.  Proof of submitting a Contest entry will not be deemed by Sponsor as proof of receipt of entry into the Contest.  Any attempted form of entry into the Contest other than as described herein is void.

This Contest is in no way sponsored, endorsed, administered by, or associated with TikTok Inc (“TikTok”).

BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE CONTEST, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE CONTEST ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1. ELIGIBILITY:  The Contest is open to individuals who meet the following criteria: (a) are the age of majority in his/her jurisdiction of residence or older and (b) are a legal resident of and physically residing in one of the 50 United States or the District of Columbia (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions, and protectorates, foreign based United States military installations and wherever prohibited by law) or Canada (excluding Quebec) (“Contestant”). Neither Sponsor nor employees of Sponsor, “The Ellen DeGeneres Show”, Warner Media, Warner Bros. Entertainment, Telepictures Productions Inc., Love Beauty and Planet, and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the "Contest Entities”) are eligible to participate in the Contest and/or win a Prize (as defined below).  Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win.  For the purposes of this Contest, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses. 

By entering this Contest, Contestants agree to be bound by these Official Rules and the decisions of the Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which are final and binding in all respects and cannot be challenged or appealed.

 

2. HOW TO ENTER:  There is one (1) method of entry for this Contest, and you may enter as follows:

 

i.                To participate and enter this Contest, individuals will need a mobile device (e.g., mobile phone or tablet) that can access the Internet and uses either the Apple or Android platform.  Additionally, individuals will need to download the TikTok application from their mobile device’s app store and sign-up for a TikTok account (“TikTok Account”) if you do not already have a TikTok Account.  Creating a TikTok Account is free.  By submitting your information and creating a TikTok Account however, entrants will be required to agree to the TikTok terms of service and privacy policy.  If you do not agree to TikTok’s terms of service and privacy notice, you cannot create a TikTok Account or participate in this Contest.

 

ii.               To enter, during the Entry Period, log-in to your TikTok Account and create an original TikTok video that is sixty (60) seconds or less, and shows entrant demonstrating a “recycling trick shot” which includes throwing a recyclable item into a bin in a creative way. 

 

iii.              To receive an entry into the contest, when entrants post the video from their TikTok Account, entrant must include the unique hashtag “#RecycleTrickShotContest” as part of their TikTok post.  Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry.  NOTE: Sponsor may not receive entries from TikTok “private” account settings (i.e., user has set their TikTok Account so that only people the user has approved can view their videos) due to the way TikTok operates its service.  Sponsor, at its sole discretion, may accept a technically incorrect unique term.  Messages not received by Sponsor will not be entered into the Contest.  By including the hashtag “#RecycleTrickShotContest” in the post, entrants are confirming their acceptance and agreement to these Official Rules.

 

LIMIT:  One (1) entry per Contestant during the Contest Period.  In the event a Contestant submits multiple entries during the Contest Period, Sponsor will judge the first entry submitted and reject the remainder.

 

Contestant’s entry must be received by Sponsor between Wednesday, April 22, 2020 at 6:00:00 a.m. PT and 11:59:59 p.m. PT on Friday, May 22, 2020. Entries received before and/or after the Contest Period will be void.  Sponsor’s computer will serve as the official time piece for the Contest.

 

Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void.  All materials submitted become the physical property of Sponsor and will not be returned.  In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the email address associated with the entry or social media account for the domain associated with the submitted address provided that person is eligible.  Winner(s) may be required to show proof of being the registered account holder.  Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses.  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 Sponsor’s designated database clock will be the official timekeeper for this Contest.  Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.  All entrants submitting materials/content as part of the Contest will be non-exclusively licensing (with the unlimited right to sublicense) to Contest Entities the right to use such materials, and the images related thereto (including entrant’s name, social media account username and likeness), for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof.  

 

Each entrant is responsible for his or her entry and the consequences of posting or publishing it. By submitting any entry into the Contest, whether complete or not and whether eligible or not, each entrant represents and warrants to Sponsor and the Contest Entities that: (a) the entry is the entrant’s original creation and has not been published or entered in any other contest; (b) entrant has not copied, in whole or in part, any other work; (c) the entry does not violate or infringe any copyright, trademark, patent, trade secret, privacy or publicity right, or other proprietary or intellectual property right of any person or entity; (d) entrant has obtained the written consent, release and permission of each and every identifiable individual person in the entry to use that person’s name or likeness in the entry and in the manner contemplated by Sponsor; (e) entry is not defamatory, libelous, obscene, or otherwise illegal; (f) is the sole and exclusive property of the entrant, and is not subject to any third-party rights; and (g) entrant grants to Sponsor all rights in the entry free and clear of any liens, encumbrances, or other third party interests of any kind, and free of any claims or litigation, whether pending or threatened.  Submission of false or misleading personal information or copied, plagiarized, offensive or otherwise inappropriate Photos and/or Statements (as determined by Sponsor in its sole discretion) will be grounds for disqualification of entry. Entries generated by a script, macro or other automated means will be disqualified. Illegible or incomplete entries, as determined by Sponsor in its sole discretion, will be disqualified.

 

Content Submission Content Guidelines.  Submissions of content that do not meet the following “Content Guidelines” are subject to disqualification, at Sponsor’s sole and absolute discretion:

·               Submissions must comply with these Official Rules and any Terms of Use/Service posted on the social media platform where your entry is posted and meet all specifications or requirements called for in any advertising for the Contest. 

·               Except for materials that are in the public domain, each submission, in its entirety, must be a single work of original material created by the participant, or for which participant has all rights required to comply with these Official Rules.

·              Submissions must be suitable for presentation in a public forum. No profanity, violence, nudity, or obscene material is allowed.  Do not include any deceptive, disparaging, defamatory, harassing, or hateful material in your Submission or any virus or harmful code.

·              Submissions must not have been submitted previously in any contest or sweepstakes of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.

·              Except for materials in the public domain, Submissions must include only materials created by the participant, or for which participant has all rights required to comply with these Official Rules and must not infringe on the intellectual property rights of any other person or entity. 

·              Any third-party content appearing in Submissions must appear in a non-infringing manner where that content is incidental, in the background, and not the focal point of any Submission (all as determined by Sponsor in its sole discretion).

·              Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your submission and grant the rights herein granted to Sponsor.  Entries that contain brand names, trademarks or company logos are subject to disqualification.

·              Submissions cannot depict or encourage dangerous or illegal activities and must not in any way violate any federal, state, or local law, rule, or regulation

·              Entrant must have prior written permission from any individuals that appear in their Submission (e.g., family members, friends).  For each Submission that identifies or depicts any person other than the entrant, the entrant must have prior to submission obtained such person’s written consent, or in the case of a minor, the written consent of his/her parent or legal guardian, to the use by the Sponsor of the photograph/video including such person’s name, image and/or other identifying information, as applicable, as permitted hereunder.

 

3. WINNER SELECTION PROCESS:

 

In order to select a winner, there will be two (2) rounds of judging by a qualified panel of judges selected by Sponsor in Sponsor’s sole discretion. After the Contest Period, entrants’ TikTok post are reviewed and voted on by the judges.  The ten (10) finalist receiving the most votes, at the sole discretion of the judging panel, based on the following Judging Criteria will be selected to participate in the final round.

 

Judging Criteria:

 

1)     Creativity of Video (33%)

2)     Originality of Video (33%)

3)     Contestant’s energy and personality in the Video (33%)

 

During the final round, each of the ten (10) finalist will be contacted via a direct message on the TikTok platform to schedule a call with a member of the judging panel to discuss their submission and why they deserve to win the prize.  The judges will then review each submission and subsequent conversational pitch and select one (1) person to receive the Grand Prize (as defined below).

 

The Prizewinner will be selected by the judges on or before June 26, 2020.  In the event of a tie, the potential winner(s) will be the Contestant whose Video scored the highest for originality, as determined by the judges and if such score remains tied then continuing thereafter in each category until the tie is broken.

 

The Winner of the Grand Prize is referenced hereinafter as the “Prizewinner.”

 

If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, such Contestant’s claim to the prize is forfeited and an alternate qualifying and eligible Contestant may be selected, according to the Judging Criteria. Only three (3) alternate qualifying and eligible Contestants may be contacted.

 

All prizes legitimately claimed will be awarded.

 

PRIZES:

 

·       Grand Prize: The Prizewinner with the greatest number of votes will receive a onetime payment of Twenty Five Thousand ($25,000) US Dollars.

The total approximate retail value (“ARV”) of all of the prize(s) awarded in this Contest is Twenty Five Thousand Dollars ($25,000.00) (USD). Prizewinner will be solely responsible for all federal, state, local and/or provincial taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether they, in whole or in part, are used.  The ARV of the prize(s) is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law.  The winner(s) may be required to provide Sponsor with a valid social security number (if winner is residing in the U.S.) before the prize(s) will be awarded for tax reporting purposes.  An IRS Form 1099 may be issued in the name of winner(s), or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize(s) received.  Unclaimed prize(s) will be forfeited.  Prize(s), if legitimately claimed, will be awarded. 

 

 

A CONTESTANT IS NOT CONSIDERED THE WINNER OF THE PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF CONTESTANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES.

 

4. PRIZEWINNER NOTIFICATION PROCESS:

 

Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Contest, and of selection of the winner(s). Decisions of the Sponsor as to the selection of the winner(s) will be final. The potential Prizewinner will be notified by Sponsor via TikTok direct message. The potential winner(s) must respond to the direct message and provide the necessary contact information (e.g. phone number and email address) within twenty-four (24) hours or the prize may, in Sponsor’s sole discretion, be forfeited. If Prizewinner does not accept the Prize and/or return all required documentation and signatures within seventy-two (72) hours following the date and time such documentation is sent, then that winner will be disqualified and an alternate winner will be selected.

 

Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified before being eligible to receive his or her prize(s).  If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate winner may be selected.  Non-compliance shall result in disqualification and award of the prize(s) to an alternate winner.

 

 

5. ADDITIONAL PRIZE INFORMATION:

 

 

Prizewinner is solely responsible for all costs not expressly described herein, including, without limitation, as applicable, taxes, fuel/currency surcharges, meals and beverages, room service, gratuities, merchandise, telephone calls, insurance, any required travel documentation, all personal expenses of any kind or nature, and any overnight layover. Prizewinner is also solely responsible for all costs incurred to and from the point of departure. It is the sole responsibility of the Prizewinner to obtain all necessary travel documentation, including, without limitation, passports and visas (as applicable), and to comply with any customs and immigration requirements (as applicable). It is recommended that the Prizewinner obtain sufficient personal insurance prior to departure.

 

There is no substitution for any Prize or any portion thereof and no refunds will be given for any unused portion of the Prize. Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen Prizes. The Prize is not transferable, assignable or redeemable for cash. All Prize details are at Sponsor’s sole discretion.

 

Prizewinners are solely responsible for the reporting and payment of any and all federal, state, provincial and local taxes as well as any other costs and expenses associated with acceptance and use of a Prize not specified herein as being awarded.  US prizewinners may be issued an IRS form 1099 based on the ARV of each Prize awarded.

 

6. PRIVACY STATEMENT:

 

Contestants’ personal information will be utilized by the Sponsor only for the purposes of administering the Contest and for fulfillment of Contest Prizes and to comply with legal requirements. To review Sponsor’s privacy policy, go to http://www.warnerbros.com/privacy-center-wb-privacy-policy.  To review Sponsor’s terms of use, go to http://www.warnerbros.com/terms.  By entering this Contest, Contestants expressly consent to the storing, sharing and using of their personal information for these purposes and in accordance with the Sponsor’s privacy policy, and accept and agree to abide by these privacy policies and terms of use.  This section does not limit any other consent(s) that an individual may provide the Contest Sponsor or others in relation to the collection, use and/or disclosure of his/her personal information.

 

7. OWNERSHIP AND LICENSE:

 

All Contest related materials, including submission entries, Photos and Statements (collectively, “Submission”) become the property of the Sponsor and will not be acknowledged or returned.  The copyright in any Submission shall remain the property of the Contestant, but entry into this Contest constitutes Contestant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, including but not limited to Love Beauty and Planet,  in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission.  Sponsor and/or others authorized by Sponsor shall have the right to edit, adapt, and modify the Submission.  For avoidance of doubt this includes the right to remove music or dub over musical recordings.

 

Any use of any of the Contest Entities’ trademarks or copyright interest is strictly prohibited and may subject Contestant to civil and/or criminal liability.

 

8. PUBLICITY GRANT:

 

Except where prohibited by law the Prizewinner shall be required to grant Sponsor and Love Beauty and Planet the perpetual and irrevocable right and license to use his/her name, photograph, visual and audio likeness, statements, biographical information, address (city and state of residence) and any other information contained in his/her Submission on a worldwide basis, and in all forms of media now known or hereafter invented or discovered (including, without limitation, on the Contest Entities web sites), in perpetuity, without further compensation, notice, review or approval.

 

9. NO WARRANTIES:

 

ALL PRIZES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” CONTEST ENTITIES MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF ANY PRIZE, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL WARRANTIES OR CONDITIONS FOR A PRIZE, OR ANY PORTION THEREOF, ARE CONTAINED IN THE MANUFACTURERS’ OR SERVICE PROVIDERS’ WARRANTIES, AS RELEVANT.

 

All trademarks are the property of their respective owners.  The use of certain companies’ products and services as Prizes does not imply participation in, approval of, or endorsement of this Contest by such companies.

 

10. RELEASE, HOLD HARMLESS AND INDEMNIFICATION:

 

BY ENTERING, ALL PARTICIPANTS IN THE CONTEST, PARTICIPANT’S HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SPONSOR ALL CONTEST ENTITIES AND TIKTOK FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES AND CAUSES OF ACTION FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES), LIABILITY, LOSS, COST, FEES (INCLUDING ATTORNEYS’ FEES), INCLUDING, WITHOUT LIMITATION, DAMAGE TO PERSON (INCLUDING DEATH) OR PERSONAL OR REAL PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY REASON OF THE ACCEPTANCE, POSSESSION, REDEMPTION, MISDIRECTION, USE OR MISUSE OF ANY PRIZE OR ANY PORTION OF ANY PRIZE (INCLUDING ANY ACTIVITY OR TRAVEL RELATED THERETO) OR PARTICIPATION IN THE CONTEST AND THE ACTIVITIES OR FOR ANY AND ALL CLAIMS BASED ON RIGHTS OF PUBLICITY AND RIGHTS OF PRIVACY WHETHER ANY OF THESE THINGS ARE CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE CONTEST ENTITIES. 


DISCLAIMERS / LIMITATIONS ON LIABILITY:

 

BY ENTERING, ALL PARTICIPANTS IN THE CONTEST AGREE THAT THE CONTEST ENTITIES ASSUME NO LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH CONTESTANT’S ENTRY INTO THE CONTEST, THE USE, MISUSE, ACCEPTANCE, POSSESSION OR AWARDING OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS OR ACCIDENT TO PERSON OR PROPERTY WHETHER DUE TO AN INTENTIONAL ACT, AN ACT OF NEGLIGENCE OR DEFAULT AND/OR ANY ACT OF GOD.

 

The Contest Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, postage-due or stolen mail or entries or entries otherwise not in compliance with these Official Rules. In addition, Contest Entities are not responsible for any typographical errors in these Official Rules, Contest content or any advertising materials for the Contest, or for any kind of computer, electronic, hardware, software, Internet, network, technical or telephone failures and/or problems caused by the Sponsor and/or the Contest Entities or the user, or by any of the equipment or programming associated with or utilized in the Contest, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Contest, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.

 

If the Contest becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Contest Entities, the user or by any of the equipment or programming associated with or utilized in the Contest, Sponsor reserves the right, at its sole discretion, to cancel, modify, suspend or withdraw the Contest or any Contest offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select Prizewinners from all entries received for the Contest prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion, fire, casualties, equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the Sponsor’s control.

 

11. GENERAL CONDITIONS OF ENTRY:

 

Contestants agree not to knowingly damage or cause interruption of the Contest and/or prevent others from utilizing the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE OR CELLULAR SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST OR CAMPAIGN VIOLATES CRIMINAL AND/OR CIVIL LAWS.

 

IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY, IN ITS SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY AND ALL CONTEST PARTICIPANTS MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

 

 

12. GOVERNING LAW AND VENUE:

 

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.

 

BY ENTERING THE CONTEST, ENTRANT (OR ENTRANT’S PARENT IF ENTRANT IS UNDER THE AGE OF MAJORITY IN THEIR STATE/JURISDICTION OF RESIDENCE) AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) 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 TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) 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. 

 

13. DISPUTE RESOLUTION:  Entrants, Sponsor, and the Released Parties (each, a “Party” and collectively the “Parties”) each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the Parties.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The Parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either Party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in Los Angeles, California.  The federal or state law that applies to these Official Rules will also apply during the arbitration.  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 doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California.  Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).  Either Party may, notwithstanding this provision, bring qualifying claims in small claims court.

 

14. MISCELLANEOUS:  The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit 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 Contest-related materials, privacy policy or terms of use on any website, social media platform or application 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. 

 

WINNER’S LIST OR OFFICIAL RULES REQUEST:

For the names of the winners, send a self-addressed, stamped envelope to:

Telepictures Productions Inc.

c/o WAD Productions Inc.

3500 West Olive, Suite 1000

Burbank, CA 91505  

 

SPONSOR:  WAD Productions Inc.  3500 West Olive, Suite 1000, Burbank, CA 91505.  

© 2020 Telepictures Productions Inc.  All rights reserved.