Bat Signal Search Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED FOR EACH APPLICABLE ENTRY LOCATION. VOID WHERE PROHIBITED BY LAW. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
ENTRY VIA TWITTER ONLY AND TWITTER ACCOUNT AND INTERNET CONNECTION REQUIRED. “PROTECTED” TWITTER ACCOUNTS MAY NOT BE ABLE TO SEND ENTRIES. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, TWITTER, INC. YOU MUST FOLLOW THE @BATSIGNALSEARCH TWITTER ACCOUNT FOR PURPOSES OF RECEIVING PRIZE NOTIFICATION AND OTHER IMPORTANT SWEEPSTAKES INFORMATION.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility. Bat Signal Search Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia and who are at least eighteen (18) years of age or older at the time of entry. Employees, officers and directors of Genco Inc., d/b/a Rebel Industries (“Sponsor”), Warner Bros. Entertainment, Inc. and each of their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers (collectively, the “Sweepstakes Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to enter the Sweepstakes or win a prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Further, entrants must be a member of good standing of Twitter in order to participate in the Sweepstakes and win a prize. Void where prohibited by law. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
At separate and independent times throughout the Sweepstakes Period, Sponsor will Tweet from the @BatSignalSearch Twitter account, the location where Sponsor will project an image of the Batman bat signal in or around the San Diego, California area for a period of twenty-five (25) minutes from the time of the Tweet announcement of the bat signal’s location. To receive an entry, individuals must: (i) find and visit the location where the Batman bat signal is being projected by Sponsor; (ii) take a photograph of the projected image of the bat signal at the location; and (iii) Tweet their photograph of the projected bat signal from their Twitter Account and include either: @BatSignalSearch or the hashtag #batsignalsearch in the Tweet message. Although not required to receive an entry in this Sweepstakes, to the extent that an entrant includes a comment on the film “The Dark Knight Rises” or about the Sweepstakes in their Tweet message, entrants are required to include a disclosure that he/she received an entry into the Sweepstakes as part of your Tweet message. Once the projection of the Batman bat signal ends, the entry period for submitting entries for that location concludes and no further entries will be accepted by Sponsor for that location. Additionally, Sponsor may send a Tweet message from the @BatSignalSearch Twitter account that entries for a given location have concluded. The vehicle that projects the image of the bat signal will visit five (5) different locations in and around San Diego, California during the Sweepstakes Period, each of which will be an independent promotion and a separate opportunity to enter the Sweepstakes.
All entries/photographs submitted for each bat signal projection location must be received by Sponsor before the projection of the Batman bat signal ends for the entry to be eligible for the corresponding drawing for that individual promotion. Entries from one location will not carry over to subsequent locations. Individuals who enter during the Sweepstakes Period will be receiving an entry for the corresponding drawing based on the location that they Tweet a photograph of and entrants will need to visit other locations and enter again if they would like to receive an entry into other subsequent drawings during the Sweepstakes Period. Each Batman bat signal projection location and entries received in response to that location will be treated by Sponsor as an individual and separate sweepstakes pool for purposes of selecting winners for this Sweepstakes.
NOTE: Sponsor may not receive entries from Twitter 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 Twitter operates its service. @Reply messages not received by Sponsor will not be entered into the Sweepstakes. Sponsor, at its sole discretion, may accept a technically incorrect unique term.
Limit of one (1) entry, per person, per location will be accepted. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be disqualified. Copying another entrant’s Tweeted photograph and submitting it to Sponsor as your own entry is strictly prohibited and will result in disqualification from the Sweepstakes. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. All materials submitted become the property of Sponsor and will not be returned. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. 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. Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
NOTE ABOUT TWITTER: Sweepstakes Entities are not responsible for any changes or unavailability of the Twitter service that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Twitter for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Twitter, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered Account holder of the e-mail address associated with the Twitter Account for the potentially winning entrant, but only if that person meets all other eligibility criteria or if that person is the approving parent or legal guardian of a minor participant who meets all of the eligibility criteria. A registered Account holder is defined as the natural person who is assigned to an e-mail address by an 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. Potential winners may be required to provide Sponsor with proof that he/she is the registered Account holder for the e-mail address associated with the Twitter Account for the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Any damage made to the Website or the Twitter service will be the responsibility of the registered Account holder of the e-mail address for the Twitter Account submitted at the time of entry. It is a potential winner’s responsibility to set his/her Account settings to accept contacts by Sponsor and to timely check his/her Twitter Account for any Sponsor direct messages or @Replies.
MOBILE DISCLOSURE: If you opt to receive Sponsor’s Tweets, including any prize notification or other Sweepstakes-related Tweets, via text message to your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter), standard text messaging 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 mobile phone and text message (which is only applicable if your Twitter preferences are set in a manner to receive Tweets via text) means that you understand that you may receive additional text messages from Sponsor relating to this Sweepstakes, including to notify 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 phone’s capabilities for specific instructions.
3. Winner Selection and Prize Claiming. There will be one (1) winner of a Grand Prize (defined below) and up to fifty (50) winners of a First Prize (defined below) for each Batman bat signal projection location in this Sweepstakes. The winners will be determined by checking the Twitter @Reply function responses received in the @BatSignalSearch @Reply folder for qualified and complete @Reply responses to Sponsor updates calling for entries. All entries for each Batman bat signal projection location will be pooled together only with all other entries received for the same location and the winners of the prizes will be selected from that pool of entries. The potential Grand Prize winners will be contacted by Sponsor using a public announcement on the Twitter platform and all winners will be notified using the direct message feature on Twitter for the user Account that posted the responsive update if a winner is a follower of @BatSignalSearch. The Grand Prize winners will be announced on Twitter approximately thirty (30) minutes after the close of the applicable location entry period. The First Prize winners will be notified via a private direct message on Twitter approximately thirty (30) minutes after the close of the applicable location entry period. If a potential winner is not a follower of @BatSignalSearch, then a potential winner will have to set their potentially winning Twitter Account to follow @BatSignalSearch (so that Sponsor will be able to send a private direct message via Twitter) within the time stated in the notice of the Sponsor’s submission of an @Reply to the potential winners or else the Sponsor may disqualify such potential winner’s entry. However, this is only for purposes of facilitating eligibility verification and prize fulfillment communication and may be discontinued following that process. It is your responsibility to timely set your Account settings to accept contacts by Sponsor and to timely check your Twitter Account for such messages. Sponsor is not responsible for any failure of delivery of notice attempting to use such methods. Each Grand Prize and First Prize winner will be required to visit a Sponsor designated location (which will be provided in the winner notification) on the night of July 12, 2012, in order for a winner to validate their prize claim and be verified as a winner. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners. Decisions of the Sponsor as to the selection of the winners will be final.
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 at the time of prize verification before being eligible to receive his or her prize. 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. Non-compliance shall result in disqualification and award of the prize to an alternate winner. Parents or legal guardians of any prize winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit in order for the prize winner to be qualified to receive their prize. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
4. Odds. Odds of winning will depend upon the total number of eligible entries received for each applicable entry location.
5. Prizes and Values. Each winner of a “Grand Prize” in this Sweepstakes will win: a private hometown advanced screening of the film “The Dark Knight Rises” for the winner and his/her friends (the number of friends to be determined by Sponsor in its sole discretion). Total approximate retail value (“ARV”) of a private hometown screening is: Two thousand dollars ($2,000.00) (USD)). The date, time, location of theater and all other details of the screening will be determined at the sole discretion of the Sponsor and prize provider. The Sweepstakes Entities will not replace any lost or stolen tickets or certificates. If, for whatever reason, the production of “The Dark Knight Rises” is cancelled after the prizes are ticketed, no compensation will be paid in lieu of any cancelled showing of the motion picture. The winner and winner’s guests are solely responsible for all transportation to and from the screening and all other expenses not specifically set forth herein, including, but not limited to, concession items at the theater and any other expenses associated with the prize acceptance not specified herein. Guests of the winner must be appropriate age depending on the rating of the film as determined by Sponsor in order to attend the screening. Sponsor will attempt to provide screening in the hometown of the Grand Prize winner. If screening in the hometown of the winner is proved to be not feasible, the screening will take place in alternate location near the winner’s hometown, in Sponsor’s sole and absolute discretion.
Each winner of a “First Prize” in this Sweepstakes will win: a movie poster featuring “The Dark Knight Rises” created by Mondo with an ARV of: Forty dollars ($40.00) (USD)). A First Prize winner will be required to provide their physical mailing address at time of prize verification in order to have their First Prize mailed to them at a later date and so First Prizes will not be distributed at the time of validation.
Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with their prize, the Sponsor may elect, to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a prize winner (and/or his or her companions engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether they, in whole or in part, are used. The approximate retail value of the prize 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 winners may be required to provide Sponsor with a valid social security number or tax identification number before their prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners, 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 prizes received. Unclaimed prizes will be forfeited. Prize, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prizes. 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.
6. Publicity Release. Subject to applicable law, winners irrevocably grant the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the winners. Entrants agree not to issue any publicity concerning the Sweepstakes Entities.
7. Tampering with Sweepstakes. The Sweepstakes Entities 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 A PERSON TO DAMAGE ANY WEBSITE (INCLUDING THE TWITTER SERVICE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on Twitter via a Sponsor update and/or on the site(s) where these Official Rules have been posted.
8. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
9. Waivers, Disclaimers and Releases. By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless the Sweepstakes Entities, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing, entrants agree that the Released Parties: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Sweepstakes; and (C) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (4) by any cause, condition or event whatsoever beyond the control of the Released Parties. Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Website or the Twitter service or Sponsor or affiliated entities’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize. Sponsor is 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. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “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.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
10. Entry Information and Sweepstakes Communications. As a condition of entering the Sweepstakes, each entrant 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 Sweepstakes and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.
11. Governing 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, Sponsor or the Released Parties in connection with the Sweepstakes 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 state’s laws.
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 TEN DOLLARS ($10.00), 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 TEN DOLLARS ($10.00), 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.
12. Dispute Resolution. 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 Sweepstakes 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 Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant’s residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. 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.
13. List of Sweepstakes Winner(s)/Official Rules Requests. To receive a list of winner(s), send a stamped self addressed envelope to: “Sweepstakes Winners List”, Rebel Industries, 10573 Pico Blvd., #290, Los Angeles, California 90064. Please indicate which Sweepstakes winners list you are requesting by referencing the name of the Sweepstakes in your request. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “Sweepstakes Official Rules”, Rebel Industries, 10573 Pico Blvd., #290, Los Angeles, California 90064 prior to the end of the Entry Period. Please indicate which Sweepstakes Official Rules you are requesting by referencing the name of the Sweepstakes in your request. Vermont residents may omit return postage with Official Rules requests.
15. Sponsor. This Sweepstakes is sponsored by Genco Inc., d/b/a Rebel Industries, 10573 Pico Blvd., #290, Los Angeles, California 90064. Warner Bros. Entertainment Inc. and its parents, affiliates and subsidiaries are not responsible for the promotion, administration or execution of this Sweepstakes. Twitter, Inc. is not a sponsor of this Sweepstakes and does not endorse or otherwise have anything to do with this Sweepstakes. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.
//End of Official Rules//