Terminator: Dark Fate Halloween Costume Contest
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
The following promotion is intended for participants in the United States only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the United States. Further eligibility restrictions are contained in the official rules (“Official Rules”) below.
- PROMOTION PERIOD. The “Terminator Dark Fate Halloween Costume Contest” (the “Promotion”) begins at 10:00 am Pacific Standard Time (“PST”) on Thursday, October 17, 2019 and ends at 11:59 pm PST on Thursday, October 31, 2019 (“Promotion Period”). The Sponsor of this Promotion is Skydance Media, LLC, a California limited liability company located at 1661 Lincoln Blvd, Santa Monica, CA 90405 (“Sponsor”).
- ELIGIBILITY. Promotion is open only to legal residents of the United States who are physically located and residing therein. Each entrant (“Entrant”) must be at least eighteen years of age at the time of entry. Each Entrant must be the rightful owner (or have authorized use) of a registered Instagram account. In the event of a dispute as to the identity of a winner, the winner will be deemed the natural person in whose name the applicable Instagram account was opened. Employees, shareholders, officers, directors, agents, and representatives of Sponsor and its parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies are not eligible to participate in the Promotion. Immediate Family Members and Household Members of such individuals are also not eligible to enter or win. For purposes of the Promotion, “Household Members” shall mean those people who share the same residence at least three months a year and “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Individuals who have won a prize from Sponsor within the previous thirty (30) days and Immediate Family Members and Household Members of such individuals are also not eligible to win.
- MATERIALS/RIGHTS IN SUBMISSIONS: In consideration of the Entry being reviewed and evaluated for this Promotion, each Entrant into the Promotion irrevocably grants, transfers, sells, assigns and conveys to Sponsor and its successors and assigns, all present and future full and free right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Entry and or any portion thereof for use and exploitation in any form, format or order alone or in conjunction with any other material, for broadcast, duplication, and advertising, by means of any and all media and devices whether now known or hereafter developed or devised worldwide and in perpetuity, including to the extent applicable (a) any information, biographical data, and material (e.g., the “creative” file or Entry) submitted by Entrant in connection with the Promotion; and (b) all graphics, statements, and quotations of or by Entrant and furnished by Entrant as part of this Promotion (the “Material”). Each Entrant understands that his or her name and Material may be posted on the Website or elsewhere in connection with Promotion. Entrant agrees that Sponsor has no obligation to use any Entry or any Material. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which the Sponsor deems necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have therein. Each Entrant hereby acknowledges that such Entrant does not reserve any rights in or to the Entry. Each Entrant agrees and acknowledges that participation in the Promotion, including, without limitation, the Entrant’s decision to provide the Entry to Sponsor for purposes of the Promotion, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Sponsor and Entrant, does not place Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Entry, and that the only contracts, express or implied, between Sponsor and Entrant is as set forth in these Official Rules and the release forms. In addition, by participating in the Promotion and providing an Entry, each Entrant hereby grants permission (except where prohibited by law) for Sponsor to use Entrant’s Entry, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe, including, without limitation, for commercial purposes. All Entrants hereby agree and acknowledge that by entering their Entry, and by Sponsor considering, reviewing, or evaluating their Entry: (i) Entrant and Sponsor have NOT reached an agreement, understanding, or promise (written, oral or implied) that Sponsor will pay Entrant or provide Entrant credit for the use of any Entry or any portion thereof; (ii) Entrant waives any and all rights and claims to compensation and/or credit for any and all uses of any Entry by Sponsor; (iii) Entrant is agreeing to the foregoing in exchange for the opportunity to have their Entry considered, reviewed, or evaluated for the Promotion, and that the only consideration Entrant will receive in the event that Sponsor elects to, and does in fact, use the Entry is that Entrant may be considered for the Promotion prize; (iv) Entrant has no expectation of on-going employment by Sponsor, or of being hired by Sponsor in any capacity; and (v) Entrant acknowledges that any Entry may be highlighted or otherwise used by Sponsor for promotional and advertising purposes outside of the Promotion platform. Any such use by Sponsor or its partners will not be indicative of Entrant’s standing in the Promotion.
- PRIZES. There will be three (3) winners announced week of November 4, 2019. Each winning Entrant will receive a Five Hundred Dollar ($500) cash prize and an official Terminator: Dark Fate poster signed by certain cast members from the Picture. Any prize details and restrictions not specified here will be determined by Sponsor in its sole discretion. All other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are the sole responsibility of the applicable winner. Unless otherwise specified herein, there will be no prize substitution except at Sponsor’s sole discretion due to unavailability, in which case a prize of comparable or greater value will be awarded. Sponsor will not replace any lost, damaged or stolen prizes. All taxes (including without limitation Federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the applicable winner. Sponsor makes no representations regarding the tax liability associated with any prize, and winner is advised to seek counsel regarding any tax liabilities associated with their prize. Any difference between the approximate value and actual value of a prize will not be awarded. Winner cannot assign or transfer the prize to another person. Other restrictions may apply. The prize and all portions of the prize, are awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation.
- WINNER SELECTION, CRITERIA AND NOTIFICATION. Three (3) potential winners will be selected by Sponsor from all eligible Entrants at the end of the Promotion Period based on the highest/best scored Entries submitted during the Promotion Period. Entries will be moderated and evaluated by a panel of judges consisting of Skydance Media executives, and evaluated based on overall creativity. Sponsor reserves the right to choose fewer winners and/or to extend the Promotion Period and all other dates associated with the Promotion in the event an insufficient number of eligible Entries meeting the judging criteria are received, as determined by Sponsor in its sole discretion. The potential winners will be notified by Sponsor via direct message (DM) to their Instagram accounts, after the Promotion Period, to verify their eligibility and ability to accept the prize, and to obtain their complete contact information. Any such message will instruct the potential winner to reply within a specified time frame after the time that the notification message or comment was sent/posted. Potential winners must reply as instructed to identify themselves, confirm their eligibility and ability to accept the prize, and provide their complete contact information within such three (3) full business day period, or they will be disqualified. Sponsor also will post on the Skydance Instagram page announcing the winners after qualified winners confirm their eligibility and ability to accept the prize via Instagram direct message. In Sponsor’s sole discretion, a potential winner may only be notified one time as set forth above for attempted prize notification. Each Entrant agrees to sign any further documentation requested by Sponsor consistent with these Official Rules, which must be returned within the time period specified by Sponsor at the time of such request. Any winner or potential winner may be disqualified in Sponsor’s sole discretion if: (a) he/she fails to reply or to provide any required information or properly completed documents within the required time period; (b) he/she fails to comply with any of the terms of these Official Rules; or (c) if any prize or prize notification is returned as undeliverable. In the event of disqualification of any winner, at Sponsor’s sole discretion the prize may be awarded to an alternate winner selected from among the remaining applicable eligible Entries via the means of winner determination described herein, pending verification of eligibility. If any prize remains unclaimed after three (3) potential winners have been notified for that prize, the prize may remain unawarded, in Sponsor’s sole discretion. No responsibility is assumed by Sponsor for any incorrect or missing email address or phone number associated with an Entry, or any change of email address or phone number of entrant.
- CONDITIONS OF PARTICIPATION/RELEASES. Promotion is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. By participating in this Promotion and/or by accepting any prize that he or she may win, each Entrant agrees to release Sponsor, and all entities involved in the production, sponsorship and/or promotion of the prize or Sponsor’s programming, or any part thereof, and each of their respective parent, subsidiary and affiliated companies, units and sponsors, divisions and advertising and promotional agencies and prize suppliers and all entities involved in the production, sponsorship and/or promotion of the prize, or any part thereof, including, without limitation, the producers of Sponsor’s games and programs; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals’ respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Promotion and/or acceptance or use of the prize. Each Entrant authorizes Sponsor to use his/her name, voice, likeness, biographical data, city and state of residence and Entry materials in programming or promotional material, worldwide in perpetuity, or on a winner’s list, if applicable, without further compensation unless prohibited by law. Sponsor not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials at Sponsor’s sole discretion without further obligation or compensation. The Released Parties shall not be liable for: (i) late, lost, delayed, damaged, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible Entries, release forms, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of Entry or other materials; (iv) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Promotion; (v) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising there from; (vi) claims based on publicity rights, defamation or invasion of privacy; or (vii) any printing, typographical, human administrative or technological errors in any materials associated with the Promotion. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Promotion. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion (or any portion of the Promotion) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Promotion and, in such situation, to select the winner(s) from among all eligible non-suspect Entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sponsor. Sponsor may prohibit you from participating in the Promotion or winning a prize if, in its sole discretion, it determines you are attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROMOTION. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- ARBITRATION/CHOICE OF LAW. BY ENTERING INTO THE PROMOTION, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS PROMOTION (INCLUDING WITHOUT LIMITATION ITS PRIZING) OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, SHALL BE SUBMITTED TO JAMS (“JAMS”) FOR FINAL AND BINDING ARBITRATION UNDER ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES IF THE MATTER IN DISPUTE IS OVER US$250,000 OR UNDER ITS STREAMLINED ARBITRATION RULES AND PROCEDURES IF THE MATTER IN DISPUTE IS US$250,000 OR LESS, TO BE HELD IN LOS ANGELES, CALIFORNIA, BEFORE A SINGLE ARBITRATOR. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS. IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW. Each entrant acknowledges that the internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these Official Rules.
- INDEMNITY. Winner shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with winner’s participation in the Promotion, including, without limitation, the acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
- WINNER LIST/OFFICIAL RULES. To obtain a copy of the winner list or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to the Terminator Dark Fate Halloween Costume Contest, Winner List/Rules, Skydance Media, LLC 1661 Lincoln Blvd, Santa Monica, CA 90404. Requests for the names of the winners must be postmarked no later than November 1, 2019. Vermont residents may omit return postage.
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