Members' Film Festival Contest
iPic Members Film Festival Contest Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
FINALISTS AND WINNER(S) WILL BE REQUIRED TO RESPOND TO COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) ACCORDING TO THE NOTICE(S) FROM SPONSOR OR THEY MAY BE DISQUALIFIED.
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 (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”). A VALID FACEBOOK ACCOUNT AND INTERNET ACCESS ARE REQUIRED FOR ENTRY.
YOUR ENTRY MAY BE MADE AVAILABLE FOR VIEWING PUBLICLY WITHIN SPONSOR’S APPLICATION ON ITS FACEBOOK PAGES, SPONSOR’S CHANNEL ON YOUTUBE, AT SPONSOR’S WEB SITE AT IPIC.COM AND ELSEWHERE IN SPONSOR’S DISCRETION.
iPic Members Film Festival Contest ("Contest") invites eligible participants (see Eligibility section below) to create a two (2) to six (6) minute video that complies with the requirements of these Official Rules on the theme of earth preservation. The Contest begins on or about 12:01: a.m. Eastern Time on December 15, 2011 and ends at 11:59 p.m. Eastern Time on April 22, 2012 ("Contest Period"). Entrants may enter the Contest via the Application (defined below) only beginning on or about 12:01 a.m. Eastern Time on January 7, 2012 , 2012 and ending at 11:59 Eastern Time on February 10, 2012 ("Submission Period"). Entrants may enter via the Application during the Submission Period on any one (1) of the eight (8) Facebook pages dedicated to Sponsor’s eight (8) theaters, i.e. Sponsor’s theaters located in Scottsdale, AZ, Pasadena, CA, Bolingbrook, IL, South Barrington, IL, Austin, TX, Fairview, TX, Redmond, WA and Glendale, WI (each, a "Theater"). There will be three (3) rounds of judging in the Contest (each, a "Round"). Based on the Judging Criteria (defined in the Finalist and Winner Selection/Notification section below) and in accordance with these Official Rules: the top thirty (30) entries from each of the Theaters submitted during Round 1 will advance to Round 2 (i.e. 240 entries in total will advance to Round 2) (the "Top 240 Finalists"); during Round 2, the top two (2) entries from each Theater will advance to Round 3 (i.e. sixteen (16) entries will advance to Round 3) (the "Top 16 Finalists"); during Round 3, the top scoring entry of the Top 16 Finalists will be selected as the grand prize winner, the next highest score will be the first runner up and the next highest score will be the second runner up.
This Contest is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are at least twenty-one (21) years of age and who are registered users of Facebook in good standing on the date of entry in this Contest. NOTE: Entrants must also be registered members of the iPic Theater membership program to participate and those entrants that are not members will automatically be signed up for the free membership upon entry into the Contest. Members of the Screen Actors Guild, American Federation of Television and Radio Artists, Writers Guild of America, Directors Guild of America and other similar guilds/unions and those represented by a talent agent or talent management are not eligible to enter. Groups are allowed to enter; however, if the entrant is a group of individuals, a leader must be designated and the leader must have a valid iPic Theaters membership number. There is no limit on group size, but only those group members that are designated on the entry form will be eligible to participate in the Contest and win a prize. Corporate entities are not eligible and have no right to claim any prize won by their employees. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of iPic-Gold Class Entertainment LLC ("Sponsor") and its corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion and public relations agencies (collectively, the "Contest Entities") are not eligible. For the purposes of this Contest, family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Participation in this Contest constitutes entrant’s full and unconditional agreement to and acceptance of these official rules and the decisions of Sponsor.
During the Submission Period, eligible individuals can enter the Contest through Sponsor’s application ("Application") accessible on the "Contest" or similar tab of each Theater’s page on Facebook. To enter, eligible individuals must create a two (2) to six (6) minute film on the theme of earth preservation ("Entrant Content") and follow the on-screen links and instructions to join the Application, including choosing to "Like" the applicable Theater’s page (if you have not previously done so), and complete and submit the Contest entry form, including, without limitation, submitting the Entrant Content and entering each entrant’s full name, e-mail address, mailing address, iPic Theaters membership number (if not already a member, entrant will automatically be signed up for this free membership and assigned a membership number; if a group is submitting the entry only one membership number is required), phone number, date of birth for all entrants and all other required information. Each member of a group must be an eligible participant. All Entrant Content must comply with the "Submission Requirements" detailed in that section below and otherwise comply with these Official Rules. Compliant Entrant Content received during the Submission Period will be judged as more fully detailed in the "Finalist and Winner Selection" section below from among all other eligible Entrant Content received during the Submission Period. The Application’s database clock will be the official timekeeper for this Contest. Only entries that are recorded on the Application’s servers during the Submission Period will be considered. Other proof of submitting or attempting to submit an entry (such as, without limitation, a printed, saved or copied automated receipt confirming entry or a "thanks for entering" screen or message) does not constitute proof of actual receipt of the entry for purposes of this Contest. Limit two (2) entries per person and per e-mail address across all of Sponsor’s Theater Facebook pages. Attempts made by an individual to submit entries in excess of any limit or otherwise in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified. Facsimiles, mechanical reproductions, alterations, garbled, incomplete, misdirected, lost, late, mutilated, or forged entries, or entries generated by a macro, bot, or other automated means will not be accepted and are void. Those who do not follow all of the instructions, provide the required information in their entry, or abide by these Official Rules will be disqualified. Entries or participation made by any other individual or any entity or group, or originating at any web site other than as set forth specifically above, 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. ENTRIES WILL NOT BE ACKNOWLEDGED OR RETURNED AND, IN FACT, MAY BE DESTROYED. KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF YOUR ENTRANT CONTENT. ANY ENTRY OR ENTRANT CONTENT THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES WILL BE DEEMED INELIGIBLE IN SPONSOR’S SOLE DISCRETION.
SUBMISSION REQUIREMENTS Entrant Content must meet all of the following requirements in Sponsor’s sole discretion or the associated Entry will be disqualified:
• Entrant content must be two (2) to six (6) minutes in length, and either MP4 or QuickTime Mov file type. Important Note: If Entrant Content is selected to advance to the Second Round (as set forth in the “Finalist and Winner Selection/Notification” section below) Entrant will be required to submit a version of the Entrant Content that meets the following requirements ("Second Round Entrant Content"): (1) high definition; (2) 1920x1080 pixel resolution, (3) 23.98fps or 24fps frame rate; and (4) 5.1 surround for audio (stereo also acceptable). Additionally, for Second Round Entrant Content the following file types are acceptable: uncompressed QuickTime, ProRes QuickTime, H264 QuickTime and .TGA image sequences; and the following audio types are acceptable: embedded audio in QuickTime, 48kHz .wav or .aiff. File types are acceptable on BluRay or DVD.No other changes (substantive or otherwise) from the originally submitted Entrant Content to the Second Round Entrant Content may be made upon re-submission.
• If Entrant Content depicts, identifies or includes any person other than the entrant (or entrants, if a group submitted the Entrant Content), entrant must have all permissions and rights from the individual(s) depicted (and his/her parent or legal guardian, if a minor) and agrees to provide Sponsor with written confirmation of those permissions and rights upon request.
• Entrant Content must not create or imply any association between Sponsor and any individual, entity, or anyone else or his, her, or its products or services.
• Entrant Content must NOT identify, reference, or depict any company or any company’s brands, products, or services.
• Entrant Content must NOT contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products or commercial artwork.
• All aspects of the Entrant Content must be originally created by and solely owned by you or in the public domain. All third party content and content unoriginal to you (unless it is in the public domain) is prohibited; however, Entrant Content may contain music available through a Creative Commons license provided that the Creative Commons license allows for commercial use and derivative works. Music used under a Creative Commons license must be properly attributed in the Entrant Content, if applicable and in accordance with instructions available at: http://creativecommons.org/legalmusicforvideos.
• 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 right of privacy or publicity.
• Entrant Content must not include information or content that is illegal, false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, any Contest Entity, or any third party.
• Entrant Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules or regulations.
• Entrant Content must be suitable for presentation in a public forum.
• Entrant agrees that his/her participation in the Contest and agreement to these Official Rules and any Contest Entity’s display and use of the Entrant Content will not violate any agreement to which entrant is a signatory or party.
• Entrant agrees to indemnify the Released Parties (defined below) against any and all claims from any third party for any use or reuse by any Contest Entity of the Entrant Content.
Sponsor reserves the right in its sole discretion to disqualify from the Contest and/or remove from displaying or publishing any Entry or Entrant Content that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Contest Entity, the Contest, or any other person or entity or does not comply with these requirements or these Official Rules. Sponsor reserves the right, but has no obligation, to modify Entrant Content so that it complies with these Official Rules.
FINALIST AND WINNER SELECTION/NOTIFICATION:
(a) Scoring for each Judging Round:
There will be three (3) Rounds of judging. In each Round, the Entrant Content will be judged by a panel of judges chosen in Sponsor’s sole discretion ("the Judges"), based on the following Judging Criteria according to the percentage weights indicated: overall quality of film (20%); effectiveness of environmental message (20%); originality (20%); entertainment value (20%); and public voting (20%) ("Judging Criteria"). In Round 1, based upon the Judge’s application of all Judging Criteria to all submitted Entrant Content, the Top 240 Finalists will advance to Round 2; in Round 2 based upon the Judge’s application of all Judging Criteria to the Top 240 Finalists, the Top 16 Finalists will advance to Round 3; and in Round 3, based upon the Judge’s application of all Judging Criteria to the Top 16 Finalists: the top scoring submission will be the grand prize winner, the next highest scoring submission will be the first runner up and the third highest scoring submission will be the second runner up. For all Rounds: in the event of a tie in scoring amongst one (1) or more Entrant Content submissions, the tie will be broken by selecting the Entrant Content with the higher score in the Entertainment category. Judging Criteria to advance to the next round or win, as applicable; if there is still a tie, the tie will be broken by selecting the Entrant Content with the higher score in the Environmental message category Judging Criteria to advance to the next round or win, as applicable. Scores from one Round will not carry over to subsequent Rounds.
(b) Timing of Rounds and Entrant Content Screenings:
First Round: During Round 1, the Entrant Content will be available for voting on the Application accessible via each Theater’s Facebook page from 12:01 a.m. Eastern Time on February 15th, 2012 until 11:59 p.m. Eastern Time on March 14, 2012 ("Voting Period"). The Entrant Content will only be available for voting purposes via the Facebook page of the Theater to which it was originally submitted, but may be available elsewhere for viewing, including, without limitation, on Sponsor’s web site and YouTube channel. Individuals must be registered Facebook users and must log in to their Facebook accounts during the Voting Period to cast their vote. Limit of one (1) vote per person per day per Theater page. After the Voting Period has ended, the Entrant Content will be judged by the Judges in accordance with the Judging Criteria set forth in paragraph (a) above. Sponsor or its designee will attempt to notify the Top 240 Finalists they have been selected to advance to Round 2 on or about March 16, 2012 by e-mail. In the event that fewer than thirty (30) entries are received at any given Theater, Sponsor reserves the right to select fewer than 240 entries to advance to Round 2. The Top 240 Finalists must submit their Second Round Entrant Content (as defined above) no later than March 21, 2012. If a Top 240 Finalist’s Second Round Entrant Content is not received by this deadline, then the Entrant Content will not be screened and the Entrant will be disqualified.
Second Round: During Round 2, the Top 240 Finalists films will be screened at the Theater to which they were originally submitted. The Round 2 screening of each film will take place commencing at approximately 7:00 p.m. local time on March 28, 2012, April 4, 2012 or April 11, 2012. Each film will be screened only once and the date and time of the screening will be determined in Sponsor’s sole discretion. Entrants who submitted the Top 240 Finalists are encouraged to invite their friends and family to attend the Round 2 screening and, also, to attend the Round 2 screening of their film at the applicable Theater. The Top 240 Finalists will gain free admission to the screening of their film at the Theater, but guests of the Top 240 Finalists will not be admitted for free and must pay for their tickets. Individuals attending the screening will be asked to rate each film screened on that particular night at that particular Theater and submit a paper ballot containing their scores ("Screening Ballot"). The Screening Ballot must be received by Sponsor at the Theater by 11:00 p.m. local time on the day of the screening to count toward a particular film’s score in the public voting Judging Criterion. After the last day of the Round 2 screenings, the Entrant Content will be judged by the Judges in accordance with the Judging Criteria set forth in paragraph (a) above. Sponsor or its designee will attempt to notify the Top 16 Finalists they have been selected to advance to Round 3 on or about April 14, 2012 by e-mail.
Third Round: During Round 3, the Top 16 Finalists films will be screened at all iPic Theaters, regardless of the Theater to which they were originally submitted. The Round 3 screening of each film will take place approximately at 7:00 p.m. local time on April 18, 2012. Each Top 16 Finalists film will be screened only once at each of the eight (8) Theatres. Entrants who submitted the Top 16 Finalists are encouraged to invite their friends and family to attend the Round 3 screenings and, also, to attend one of the screenings of their film at a Theater. The Top 16 Finalists will gain free admission to the screening of their film at the Theater, but guests of the Top 16 Finalists will not be admitted for free and must pay for their tickets. Individuals attending the screenings will be asked to score the Top 16 Finalists and submit a Screening Ballot. The Screening Ballot must be received by Sponsor at a Theater by 11:00 p.m. local time on April 18, 2012 to count toward a particular film’s score in the public voting Judging Criterion. Then, the Entrant Content will be judged by the Judges in accordance with the Judging Criteria set forth in paragraph (a) above. Sponsor or its designee will attempt to notify the grand prize winner and the first and second runners up they have won a prize in this Contest on or about April 22, 2012 by e-mail, in Sponsor’s sole discretion.
Sponsor reserves the right to contact participants for verification purposes and administration of the Contest at any time during the Contest. Finalists may be required to execute and notarize sponsor provided documents (without alteration) before moving on to next stages in this Contest and failure to do so in accordance with Sponsor’s instructions may, in Sponsor’s sole discretion, result in disqualification from this Contest. All Judges’ decisions are final and binding in all matters relating to this Contest. Entrants acknowledge 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 that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Prize elements will only be mailed to winner’s address in one (1) of the fifty (50) United States or the District of Columbia in Sponsor’s sole discretion. If any prize, prize notification or Contest-related communication is rejected, faulty, or returned as undeliverable, if the potential winner does not respond according to the notification’s or Sponsor’s instructions, if the winner cannot attend or participate in any portion of the prize, if the winner or potential winner fails to comply with these Official Rules, or if a potential winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion) or does not respond according to the notification’s or Sponsor’s instructions, that winner or potential winner may be disqualified and an alternate winner may be selected in accordance with the winner selection procedures described above. As a condition of entering the Contest, each winner agrees (if requested by Sponsor) to complete, sign, have notarized (if applicable) and return an affidavit of eligibility/declaration and liability/publicity release (unless prohibited by law), without alteration, within the time frame specified and if required by Sponsor in its sole discretion (which may require providing winner’s Social Security Number and/or government-issued identification number and/or copy thereof for tax purposes), or prize may be forfeited. In the event of noncompliance with these requirements, the prize may be forfeited in Sponsor’s sole discretion. The affidavit of eligibility/declaration and liability/publicity release (unless prohibited by law) are subject to verification by Sponsor. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. To claim a prize, winner must follow the directions in his or her notification.
PRIZES, QUANTITY AND APPROXIMATE RETAIL VALUE ("ARV"):
There will be one (1) grand prize winner, one (1) first runner up and one (1) second runner up in this Contest.
The grand prize winner, subject to verification, will receive the grand prize, which consists solely of:
• A screening of his/her winning Entrant Content at all Theatres during the pre-show for one month beginning on May 1, 2012; and
• $4000 to be awarded in a form selected by Sponsor in its sole discretion.br>
The first runner up will receive a prize that consists solely of one (1) gift card in the amount of $250; the second runner up will receive a prize that consists solely of one (1) gift card in the amount of $150.
Total ARV of all prizes: $4400. Gift cards are subject to their terms and conditions. Prizes, if legitimately claimed, will be awarded. Prize details not specifically stated in these Official Rules will be determined in Sponsor’s sole discretion. All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of each winner. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach a winner because of incorrect or changed contact information. If 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. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prizes will be awarded.
By entering, except where prohibited by law, each participant grants to the Contest Entities and their agents, successors and assigns in perpetuity the irrevocable, sublicensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in the Entrant Content and Entries, and the Entrant Content and Entries themselves, in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each participant agrees that the licensed entities may, but are not required to, attribute the Entrant Content to a participant. Each participant waives and releases the Released Parties (defined below) from any and all claims that participant may now or hereafter have in any jurisdiction based on "moral rights" or "droit moral" or unfair competition with respect to the Released Parties’ exploitation of entries without further notification or compensation to participants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties and each of their affiliates, licensees, or any other person in connection with this Contest, on the grounds that any use of any entry, or any derivative works, infringe or violate any of participants rights (including MORAL RIGHTS) therein.
Each participant acknowledges and agrees that nothing in these Official Rules will require a Contest Entity to use the Entrant Content in part or in whole or to include the Entrant Content in any Contest Entity-related property, including, without limitation, any Contest Entities’ web site, Facebook pages, YouTube page or any other online or offline property. Each participant hereby acknowledges and agrees that the relationship between the participant and any of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the participant’s decision to submit his/her Entrant Content for purposes of the Contest does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant Content, other than as set forth in these Official Rules. Each participant understands and acknowledges that Sponsor has wide access to ideas, essays, and other literary materials. Each participant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to his/her Entrant Content and/or each other in idea, ingredients, format, or other respects. Each participant acknowledges and agrees that such participant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. Each participant acknowledges and agrees that Sponsor does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the participant’s copyright in and to his/her Entrant Content. Each participant acknowledges that, with respect to any claim by participant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Entrant Content or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Sponsor property or production, and participant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
LIMITATION OF LIABILITY:
EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE CONTEST ENTITIES, FACEBOOK, INC. AND THE RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH (COLLECTIVELY “RELEASED PARTIES”) FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH SPONSOR’S USE OF ANY ENTRANT CONTENT OR THE ACCEPTANCE, POSSESSION, USE, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR CONTEST-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. 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 UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
"CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
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 the stated limit; any lost, late, incomplete, illegible, garbled, mutilated, or misdirected entries, e-mail, 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, in 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 any changes or unavailability of the Facebook Platform or Application that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor's ability to use the Facebook Platform for the Contest as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. Contest Entities are not responsible, and may disqualify you, if your e-mail address or other contact information does not work or is changed without prior written notice to Sponsor. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Without limiting any other provision in these Official Rules, 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, as determined by Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
By entering the Contest (except where prohibited by law), each entrant grants the Contest Entities 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, commercial, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Contest, including interpretation of these Official Rules and awarding of the prize. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Contest. Participants further agree to not damage or cause interruption of the Contest and/or prevent others from using the Contest. Sponsor reserves the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Contest. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Contest or these Official Rules. If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the 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 any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. In the event of a dispute concerning the identity of a participant who enters using the Application, the participant will be declared to be the registered account holder of the e-mail address of record for the account making use of the Application at the time of entry, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and any potential prize won will be forfeited in Sponsor’s sole discretion. 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. Winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. Any damage made to the Facebook Platform will be the responsibility of the registered account holder of the e-mail address for the Facebook account submitted at the time of entry. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION 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.
Except where prohibited, as a condition of participating in this Contest, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Contest Entity, claims and causes of action arising out of or connected with this Contest, or the prize awarded, or the determination of the winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (if any), not to exceed ten U.S. dollars ($10 USD), and entrant further waives all rights to have damages multiplied or increased.
This Contest and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Florida, without reference to its conflicts of law principles. Any legal actions, suits or proceedings related to this Contest (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Palm Beach County, Florida, and each entrant accepts and submits to the personal jurisdiction of these Florida courts with respect to any legal actions, suits or proceedings arising out of or related to this Contest.
WINNER’S LIST/OFFICIAL RULES:
To find out who won, send a self-addressed stamped envelope to the following address within three (3) months of the end of the Contest Period: iPic-Gold Class Entertainment, iPic Member Film Festival Contest Winners List Request, Attn: Film Festival Coordinator, iPic-Gold Class Entertainment LLC, 3300 Airport Rd # 203, Boca Raton, FL 33431. For a copy of these Official Rules during the Contest Period, visit iPicTheaters.com or send a self-addressed stamped envelope to the following address for receipt during the Contest Period: iPic-Gold Class Entertainment, iPic Member Film Festival Contest Official Rules Request, Attn: Attn: Film Festival Coordinator, iPic-Gold Class Entertainment LLC, 433 Plaza Real, Suite 335, Boca Raton, FL 33432. Only one (1) request of either type per outer envelope will be fulfilled. Vermont residents may omit return postage for rules requests.
THE SPONSOR OF THIS CONTEST IS:
iPic-Gold Class Entertainment LLC, 433 Plaza Real, Suite 335, Boca Raton, FL 33432.