Beetlejuice Costume Contest
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN QUEBEC AND WHERE PROHIBITED BY LAW.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY OR ASSOCIATED WITH INSTAGRAM, INC. (“INSTAGRAM”) OR TWITTER, INC. (“TWITTER”).
POTENTIAL WINNERS WILL BE REQUIRED TO RESPOND TO AN INITIAL NOTIFICATION FROM SPONSOR WITHIN FORTY-EIGHT (48) HOURS AND MAY ALSO BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN FIVE (5) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION, AS MORE FULLY DETAILED BELOW.
BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU, A CLASS-ACTION WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Beetlejuice Costume Contest (“Contest”) is sponsored by Beetlejuice Broadway, LLC (“Sponsor”). The Contest begins at 12:00:00 am Eastern Time (“ET”) on October 1, 2019 and ends at 11:59:59 pm ET on October 27, 2019 (the “Contest Period”). Eligible contestants (see Eligibility requirements, below) may enter the Contest by taking a photo of themselves wearing a Beetlejuice the Musical-inspired costume (“Photograph”) and posting that Photograph to one of the approved Social-Media Platforms as part of an Entry Post (each term defined and described below) or submitting it through the Entry Form (defined below) during the Contest Period. In posting your Photograph as part of an Entry Post or submitting your Photograph through the Entry Form, you may have the opportunity to post text or other user-generated content in addition to your Photograph (collectively, with your Photograph, “Entrant Content”). Regardless of your method of entry, your Entrant Content may be shared online by Sponsor. All Entrant Content you submit, post, or otherwise distribute in connection with this Contest must comply with the “Submission Requirements” detailed in Section 4 below and otherwise comply with these Official Rules. Following the close of the Contest Period, one (1) entrant will be selected as the potential winner through the judging process described below.
This Contest is open only to legal residents of any one (1) of the fifty (50) United States, the District of Columbia or Canada (excluding Quebec) (“Territory”) who are at least thirteen (13) years of age as of the date of entry. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, Warner Bros. Theater Ventures, Inc. and their respective 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 Contest (collectively, along with Instagram, and Twitter, the “Released Parties”), and the immediate families (defined as any spouse, partner, parent, legal guardian, sibling, child, 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 Contest. Participation in this Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor. Instagram and Twitter are referred to collectively in these Official Rules as the “Social-Media Platforms.”
(3) HOW TO ENTER:
To enter, you must first take a Photograph that depicts you wearing a costume that is inspired by Beetlejuice the Musical. Once you have taken your Photograph, you may enter this Contest during the Contest Period by either 1) directly posting your Photograph on your choice of Twitter or Instagram, along with the Required Tags (defined below) (each, an “Entry Post”); or 2) visiting https://woobox.com/gt5ex2 (“Website”) and following all steps and providing all required information to complete and submit the entry form (“Entry Form”), including uploading your Photograph. Due to technical restrictions and the way that each of the Social-Media Platforms operate, your choice of Social-Media Platform may also require that you tailor your Photograph in order to satisfy the requirements of that Social-Media Platform. Photographs must be directly uploaded (either to Twitter, Instagram or via the Website). Links to Photographs hosted on another platform will not result in a valid Entry (defined below). There is a limit of 1000 total entries through the Website. If the Website has already received 1000 entries, a notice will be posted on the Website that no further entries can be submitted through the Website and you must submit your entry through one of the Social-Media Platforms. Entries submitted through Instagram or Twitter must include the hashtag “#BeetlejuiceCostumeContest” and must tag @beetlejuicebway (“Required Tags”). By posting an Entry Post or submitting an Entry Form, you are agreeing to these Official Rules. Sponsor may, in its sole discretion, void any purported entry on Instagram or Twitter and/or disqualify you if you do not include both the hashtag #BeetlejuiceCostumeContest and the tag @beetlejuicebway in your Entry Post. Where distinction is not necessary, Entry Posts and Entry Forms may both be referred to as “Entries” in these Official Rules. Your Entries may contain Entrant Content in addition to your Photograph and the Required Tags, if applicable, (such as a caption or other additional text) provided that all Entrant Content must comply with the Submission Requirements.
To enter the Contest with an Entry Post, you may use one of the following entry methods during the Contest Period:
1. Instagram Photograph. By logging into your account on the Instagram service and posting your Photograph along with the Required Tags.
2. Twitter Photograph. By logging into your account on the Twitter service and posting your Photograph along with the Required Tags.
The two entries methods described above, along with entry via the Entry Form are referred to collectively as the “Entry Methods”.
Sponsor is not responsible for misspellings, typographical errors, or other issues in any Entry, including those that may affect the ability of Sponsor to locate a purported Entry Post using a search to find eligible entries. Sponsor may not be able to view purported Entry Posts, receive or send communications, or otherwise detect participation from or interact with entrants who have settings within their chosen Social-Media Platform that make their updates, comments, posts or communications private, protected or otherwise limited due to the way the Social-Media Platforms operate their respective services. Sponsor may not be able to communicate with a participant via some of Twitter or Instagram’s features if participant does not “follow” Sponsor’s @beetlejuicebway account on the applicable platform. No entrant is required to follow any Sponsor account on any of the Social-Media Platforms and may discontinue following Sponsor or having an account on any Social-Media Platform at any time, but doing so may mean that Sponsor cannot receive or provide communications for purposes of administering this Contest, which could result in entrant being disqualified and ineligible to win a prize. Sponsor is not responsible for changes to any functionality or policy of a Social-Media Platform (or any website or mobile application offered as part of such Social-Media Platform) that may interfere with the Contest or ability of an entrant to timely enter or otherwise participate at all.
LIMIT ONE (1) ENTRY PER PERSON AND PER PHOTOGRAPH, REGARDLESS OF METHOD OF ENTRY. If more than one person submits the same Photograph or a substantially similar Photograph, only the first submission of the Photograph will be valid. Subsequent attempts made by the same individual to submit entries in excess of the above-stated limit by using the same Photograph in multiple Entries or by any similar means are void and persons engaging in such conduct may, in Sponsor’s sole discretion, be disqualified. Sponsor’s clock will be the official timekeeper for this Contest. Entries must be submitted and received by Sponsor during the Contest Period through one of the approved Entry Methods and in strict accordance with the instructions and restrictions in these Official Rules. Entries that are not both actually visible and timely received by Sponsor will not be entered into the Contest. For purposes of this Contest, an Entry is “received” when the applicable Social-Media Platform records your Entry Post and it is visible to Sponsor or when it is logged through the Website following submission of a completed Entry Form during the Contest Period. Other proof of submitting or attempting to submit an entry (such as, without limitation, a screenshot of your purported Entry Post on one of the Social-Media Platforms or a “Thanks for Entering” message following submission of an Entry Form) does not constitute proof of actual receipt of the entry for purposes of this Contest. Sponsor, at its sole discretion, may accept or disqualify any purported Entry Post on Twitter or Instagram that contains either technically incorrect Required Tags. Purported Entries that are incorrect or incomplete, received outside the Contest Period, or contain obscene, offensive, or any other language communicating messages inconsistent with the positive images with which Sponsor wishes to associate itself (all as determined by Sponsor in its sole discretion) will be void. Those who do not abide by these Official Rules or the instructions of Sponsor or its representatives and provide all required information may, in Sponsor’s sole discretion, be disqualified and any entry by such person void. Entries that are fraudulent, forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. Entries or participation made on behalf of any other individual or any entity or group, or originating at any online service other than the Website or one of the approved Social-Media Platforms (including, without limitation, through commercial promotion subscription, notification, or entering services) will be declared invalid and disqualified for this Contest. As a condition of entering the Contest, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address, and other information and content to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules. YOU SHOULD RETAIN A BACK-UP COPY OF YOUR PHOTOGRAPH AND ANY OTHER ENTRANT CONTENT YOU SUBMIT. ANY ENTRY OR ENTRANT CONTENT THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES MAY, IN SPONSOR’S SOLE DISCRETION, BE DEEMED INELIGIBLE.
(4) SUBMISSION REQUIREMENTS:
All Entrant Content (including each Photograph) must meet all of the following requirements, as determined by Sponsor in its sole discretion, or the associated entry may be disqualified:
· If your Entrant Content mentions or depicts any identifiable person other than you, you agree that (a) such person is 13 years old or older and you have that person’s approval to include their name (and, if applicable, likeness or image) in the Entrant Content and submit it in this Contest and can provide Sponsor proof of that approval in writing upon Sponsor’s request and within the timeframe requested (if the person is under the age of majority in their jurisdiction of residence, you must have the foregoing approval from that person’s parent or legal guardian) or (b) such person is your own minor child or ward and you are capable of granting such approval on behalf of them. If others appear in the Entrant Content with you, only you, as the individual submitting the Photograph in accordance with these Official Rules, will be entered into the Contest and eligible to win a prize.
· Entrant Content must not create or imply any association between Sponsor and any individual or entity or his, her, or its products or services.
· Entrant Content must not contain any advertising, logos, brand names, slogans, recognizable branded products or artwork (other than the Beetlejuice references permitted in the next bullet point).
· Entrant Content may include clothing, props and other references to Beetlejuice or Beetlejuice characters (only if depicted in a positive manner), except that Entrant Content must not include any images, footage or artwork from the movie Beetlejuice or footage or images of any actors who appear in the movie Beetlejuice.
· Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity.
· Entrant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory (include trade libel), disparaging, harassing, threatening, profane, obscene, pornographic, hateful, indecent, negative, inappropriate, or injurious to any Released Party or any other party.
· Entrant Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state/provincial/territorial, or local laws, rules, or regulations.
· Entrant Content must be suitable for presentation in a public forum.
· Entrant Content must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.
· Entrant Content must be entirely in the English language.
· All Entrant Content posted to a Social-Media Platform must comply with the terms, policies, guidelines, and technical specifications applicable to that Social-Media Platform, including all size restrictions for uploaded content.
· Photographs submitted through the Website must be no larger than 50 MB.
· All Entry Posts submitted through Instagram or Twitter must include both of the Required Tags: (i) the hashtag “#BeetlejuiceCostumeContest” and (ii) the tag @beetlejuicebway, the inclusion of which indicates your agreement to these Official Rules.
· You agree that your participation in the Contest and agreement to these Official Rules and any Released Party’s display and use of the Entrant Content will not violate any agreement to which you are a signatory or party and that no such agreement otherwise limits your ability to participate in this Contest or the rights granted to Sponsor in these official rules.
· You agree to indemnify the Released Parties against any and all claims from any third party for any use by any Released Party of the Entrant Content authorized pursuant to these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify you from the Contest if your Entrant Content – as determined by Sponsor in its sole discretion – refers, depicts, or in any way reflects negatively upon a Released Party, the Contest, or any other person or entity or does not comply with these Submission Requirements or any other requirement of these Official Rules.
(5) WINNER SELECTION/NOTIFICATION:
This is a skill-based Contest in which submissions are judged based on the criteria set out below. Following the end of the Contest Period, all eligible entries received will be evaluated by a panel of judges selected by Sponsor (the “Judges”), based on the following criteria according to the percentage weights indicated: originality/creativity (40%), adherence to the creative world of Beetlejuice the Musical (40%) and overall quality of submission (20%) (“Criteria”).
The top entry will be declared the potential winner of the Contest.
In the event of a tie in the selection of the winner, the entry with the higher score in the “adherence to the creative world of Beetlejuice the Musical” Criterion will be named a winner. If there is still a tie, the entry with the higher score in the “originality/creativity” Criterion will be named a winner. Sponsor reserves the right to contact entrants for verification purposes and administration of the Contest. All Judges’ decisions are final and binding in all matters relating to this Contest. Each entrant acknowledges that other entrants may have created ideas and concepts contained in their Entrant Content that may have familiarities or similarities to his/her Entrant Content, and agrees that he/she will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities.
Potential winner will be notified approximately two (2) weeks after the end of the Contest Period. Potential winner will be notified in accordance with the procedures outlined below, depending on the Entry Method used by the potential winner.
If the potentially winning Entry Post was entered via Instagram: Sponsor will post a comment on the potentially winning Entry Post on Instagram instructing the potential winner to email Sponsor at the email address included in the comment and provide his/her full name, phone number, mailing address, and any other requested information. Such potential winner must then respond to Sponsor’s comment as instructed within forty-eight (48) hours after the comment was posted. Once an email from the potential winner is received by Sponsor, Sponsor will reply to such email with a unique code. Then, to verify the email account holder is also the Instagram account holder who posted the potentially winning Entry Post, such potential winner must comment on the same Entry Post (initially commented on by Sponsor) with the unique code provided by Sponsor. Such comment must be posted within twenty-four (24) hours after the unique code is emailed to such potential winner. In addition to or in the alternative, Sponsor may contact a potential winner using Instagram’s direct message feature, in which case the potential winner will be required to respond to Sponsor as instructed in the direct message within forty-eight (48) hours of initial notification. Entrants are encouraged to monitor their Instagram accounts for correspondence from Sponsor. If an entrant is not a follower of Sponsor’s @beetlejuicebway account on Instagram, such entrant may have to affirmatively accept a direct message sent by Sponsor.
If the potentially winning Entry Post was entered via Twitter: Sponsor will attempt to notify the potential winner by direct message to the user account that posted the potentially winning Entry Post. The potential winner must respond within forty-eight (48) hours and in accordance with the instructions in the notification or the prize may, in Sponsor’s sole discretion, be forfeited. If the potential winner does not follow Sponsor’s @beetlejuicebway Twitter account (and Sponsor is therefore unable to send direct message to such person), Sponsor will post an @reply to the potential winner’s Twitter account informing him or her that he/she may have won a prize and instructing him/her to follow Sponsor’s Twitter account in order to receive a direct message. The potential winner will have to set his or her Twitter account to follow Sponsor within the time stated in Sponsor’s @reply to the potential winner or else Sponsor may disqualify that potential winner. Potential winner may discontinue following Sponsor after the completion of the eligibility verification and prize fulfillment procedures.
If the potentially winning Entry Post was entered via the Website: Sponsor will attempt to notify the potential winner at the email address provided in the Entry Form. The potential winner must respond within forty-eight (48) hours and in accordance with the instructions in the notification or the prize may, in Sponsor’s sole discretion, be forfeited.
The following applies if potential winner entered via a Social-Media Platform: It is the potential winner’s responsibility to set his or her account settings on the applicable Social-Media Platform to accept contacts by Sponsor and to timely check his or her account for any comments, @replies, messages, or other communications from Sponsor. Failure to timely RESPOND OR complete any of the steps SET FORTH IN THE NOTIFICATION PROCEDURES above for any reason, including failure by ANY POTENTIAL WINNER to notice or accept a COMMENT, @reply, direct message, OR OTHER COMMUNICATION sent by Sponsor, may result in disqualification OF SUCH POTENTIAL WINNER and SELECTION OF an alternate winner, EVEN IF POTENTIAL WINNER HAS ALREADY BEEN PUBLICLY ANNOUNCED.
The following applies regardless of the Entry Method used by the potential winner: Potential winner may also be announced at Beetlejuice on Broadway show, however, such announcement is not an indication that winner has been verified and is eligible to receive the prize. Potential winner may be required to complete, sign, have notarized (if applicable), and return an Affidavit/Declaration of Eligibility, Confidentiality Agreement and Liability/Publicity Release (unless prohibited by law) (collectively, “Prize Winner Documents”), within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. If the potential winner is a minor in their state or province/territory of residence, the prize will be awarded to the minor’s parent or legal guardian who must complete and return all Prize Winner Documents in accordance with the requirements in these Official Rules or the prize may be forfeited and an alternate winner may be selected. The Prize Winner Documents, if applicable, must be received by Sponsor within five (5) days 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. If any prize, prize notification, or other Contest-related communication is returned as undeliverable or if a selected potential winner cannot be reached or does not respond as instructed after Sponsor has attempted to notify that potential winner, that selected winner may be disqualified and an alternate winner for that prize may be selected (in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. The prize claim and Prize Winner Documents are subject to verification by Sponsor. The prize, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners for the prize for any reason.
(6) PRIZE, QUANTITY & APPROXIMATE RETAIL VALUE (“ARV”):
One (1) winner will receive a Beetlejuice the Musical merchandise package that includes a limited edition tote bag, limited edition playbill, Souvenir Book, and a limited edition button. The ARV of the prize is $60 USD/$79 CAD.
Sponsor is not responsible for a potential winner’s inability to accept or use the prize for any reason. Any federal, state and/or local taxes associated with receipt of the prize are winner’s sole responsibility. No more than the stated prize 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 a 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. The 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 applicable 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 entrant 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. Prize will be shipped within four to six weeks following winner verification.
the WINNER AGREES 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.
Each entrant, upon submission of any Entrant Content in this Contest, hereby irrevocably grants to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Entrant Content submitted as part of the Contest, in whole or in part, for any purpose and in any manner or medium now or hereafter known or devised (including, without limitation, optical media, streaming media, film, television, print, interactive devices, mobile media, Internet and online systems), throughout the universe and in any and all languages (including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title, and adapt the same, to combine it with other material and otherwise use and exploit it) without having to give any compensation or attribution to entrant or any third party, except for the awarding of the prize to the winner in this Contest. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of Entrant Content, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting any of the foregoing, Sponsor will have the right to use the Entrant Content (and all Photograph, text, and materials included or depicted therein) in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights” (droit moral) now or hereafter recognized in connection with his or her Entrant Content. Entrants acknowledge that, as a condition of being selected as the winner in this Contest, Sponsor may request that the entrant grant Sponsor additional rights in the Entrant Content as may be set forth in the Prize Winner Documents. Entrants must maintain the ability to assign additional rights in the Entrant Content to Sponsor free of any limitations, restrictions, or third-party obligations. Entrants agree that Sponsor shall have sole discretion in determining the extent and manner of its use of Entrant Content pursuant to the rights granted to it under these Official Rules and is not obligated to use any Entrant Content.
Each entrant acknowledges that Entrant Content is not being submitted in confidence or in trust to any Released Party and that no confidential or fiduciary relationship is intended or created. Entrant Content is not confidential and the Released Parties’ only obligations to entrants regarding Entrant Content are as specifically set forth in these Official Rules. Each entrant acknowledges that the Released Parties and other entrants may have created ideas and concepts contained in their Entrant Content that may have familiarities or similarities to his/her own Entrant Content, and that he/she will not be entitled to any compensation or right to negotiate with any Released Parties because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Entrant Content and there is no obligation whatsoever for any Released Party to pay or otherwise compensate entrants for any of their ideas or materials in any communications with a Released Party. The Released Parties reserve the right to request from entrant at any time proof that entrant maintains all necessary rights in their Entrant Content in order to grant the applicable Released Party the rights required herein in a form acceptable to such Released Party. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Contest.
(8) GOVERNING LAW / RELEASE / INDEMNITY / LIMITATION OF LIABILITY:
VOID WHERE PROHIBITED BY LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants 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 state/provincial/territorial or federal laws.
EACH ENTRANT AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITIES, ATTORNEYS' FEES, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER, FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH: (i) THE CONTEST; (ii) THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE; OR (iii) WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO/OF PERSON OR PROPERTY.
BY ENTERING THE CONTEST, 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 CONTEST, OR ANY PRIZES 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) ENTRANT’S 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.
(9) DISPUTES / ARBITRATION:
To the extent permitted by applicable law, the parties each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York, NY, 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 or any prize awarded 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, Dallas, TX or Toronto, ON (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 New York County, NY, 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. In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of this Contest, the Beetlejuice musical, any advertising or other materials issued in connection with the Contest or the Beetlejuice musical, or any other Released Party property.
(10) ADDITIONAL DISCLAIMERS:
The Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entry, email, mail, or Contest-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, any Contest-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are not responsible for electronic communications that are undeliverable or do not reach entrant as a result of any form of active or passive filtering of any kind (including, without limitation, rejection or segregation of any Twitter or Instagram message based on entrant’s decision not to follow Sponsor’s account on such Social-Media Platform or messages from Sponsor that are segregated into an “Other” or similar folder) or insufficient space in a potential winner’s email or voicemail inbox. Released Parties are not responsible, and may disqualify an entrant, if the entrant’s email address or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, the Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply the prize or any part thereof in the event that any of the Contest activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
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 AGAINST THE RELEASED PARTIES. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
(11) GENERAL RULES:
By entering the Contest (except where prohibited by law), each entrant 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, 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 anywhere worldwide and in any medium now known or hereafter discovered or devised (including, without limitation, online) without any limitation of time, without further obligation or compensation of any kind, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates any Released Party to make use of any of the rights granted herein and winner waives any right to inspect or approve any use made pursuant to the rights granted.
Sponsor’s decisions will be final in all matters relating to this Contest, including interpretation of these Official Rules, selection of the winner, 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. Participants further agree to not damage or cause interruption of the Contest and/or prevent others from participating in or engaging with the Contest. Sponsor reserves the right to restrict or void entries or other participation from any IP address if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void the entry of any entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Contest. Sponsor’s failure 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 Contest-related materials and/or these Official Rules (including any alleged ambiguity, discrepancy, or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. If Sponsor determines at any time in its sole discretion that a 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, 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. No Released Party is responsible or will have any liability for any purported Entry Post that is removed from any of the Social-Media Platforms for any reason at any time, including removal by a Social-Media Platform of purported Entry Posts in response to such content being “flagged” or reported as inappropriate. No Released Party is responsible for changes to any Social-Media Platform or any of the functionality of any such Platform that may interfere with the Contest or ability of a participant to participate. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend the Contest 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 a 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. In the event of a dispute concerning the identity of an entrant, the entrant will be declared to be the registered account holder of 1) the email address associated with the Social-Media Platform account through which the entry was submitted or 2) the email address provided in the Entry Form submitted through the Website, but only if that person meets all other eligibility criteria, otherwise the entry may, in Sponsor’s sole discretion, be disqualified and any potential prize won will be forfeited. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the applicable email address. The potential winner may be required to provide Sponsor with proof that he or she is the registered account holder of the email address associated with Social-Media Platform account from which the potentially winning entry was submitted. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.