ASSASSINATION NATION SCRATCH CARD GIVEAWAY OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. START/END DATES:
The Assassination Nation Scratch Card Giveaway (the “Giveaway”) begins September 10, 2018 and ends October 1, 2018 (the “Giveaway Period”). AT PARTICIPATING DOLLS KILLS STORES ONLY: Consumer will receive One (1) scratch card per visit, while supplies last. If more than one visit is made within a consecutive two (2) hour period to a participating store, it will be considered as one "visit". Participating DOLLS KILLS Stores: 1475 Haight St. San Francisco, CA and 415 N. Fairfax Ave. Los Angeles, CA.
The Giveaway is open only to legal residents of the fifty United States and the District of Columbia, who are 18 or older as of the date of entry. Void in outside of the 50 United States and the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers and directors of NEON Rated, LLC ( “Sponsor”), and each of the employees, officers and directors of its parent companies, subsidiaries, divisions, affiliates, partners, dealers, suppliers, distributors and advertising, promotional and judging agencies, manufacturers or distributors of Giveaway materials and their immediate family members (spouses, parents, children, and siblings and their spouses) and household members of each (whether related or not) of such employees/officers/directors are not eligible to participate or win. Void where prohibited by law. All federal, state and local laws and regulations apply. Participation constitutes entrant’s full and unconditional agreement to these official rules (“Official Rules”) and Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. HOW TO ENTER:
There is NO PURCHASE NECESSARY to participate in the Giveaway. A purchase does not increase your chances of winning. To enter the Giveaway, pick up a scratch card from the participating locations referenced above during the Giveaway Period, and scratch to see whether you have won a prize.
The following Prizes are available on certain scratch off cards that may be distributed during the Giveaway Period:
Fifty (50) Phone Case Prizes, each consisting of two (2) tickets to see Assassination Nation in a participating theater closest to the winner’s residence (ARP $30); 20% off your next online order or in store purchase from Dolls Kill (no retail value); and one (1) Assassination Nation phone case (ARP $8).
Twenty (20) T-Shirt Prizes, each consisting of two (2) tickets to see Assassination Nation in a participating theater closest to the winner’s residence (ARP $30); 20% off your next online order or in store purchase from Dolls Kill (no retail value); and one (1) Assassination Nation T-shirt (ARP $9).
Ten (10) Trench Coat Prizes, each consisting of two (2) tickets to see Assassination Nation in a participating theater closest to the winner’s residence (ARP $30); 20% off your next online order or in store purchase from Dolls Kill (no retail value); and one (1) Assassination Nation X Dolls Kills Red Trench Coat (ARP $48).
Twenty (20) MAKE Prizes, each consisting of two (2) tickets to see Assassination Nation in a participating theater closest to the winner’s residence (ARP $30); 20% off your next online order or in store purchase from Dolls Kill (no retail value); and one (1) Assassination Nation X MAKE lip-gloss (ARP $18).
Winning a Prize is subject to the following restrictions:
Each prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Each winner is responsible for all federal, state and local taxes and all other costs and expenses associated with Prize not specified herein as being awarded. No transfer, substitution or cash equivalent permitted by winner. Each winner is responsible for paying any costs and expenses not specified above. Sponsor reserves the right to substitute any Prize (or component thereof) with another prize (or component thereof) of equal or greater value if a Prize is not available, in whole or part, for any reason, as determined by Sponsor in its sole discretion. By entering this Giveaway and accepting a Prize, each Winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Giveaway or prize-related activity. Each Winner understands and agrees that Sponsor and its respective Prize providers have the right, in their sole discretion, to disqualify and remove any Winner from any activity at any time if such Winner’s (or such Winner’s guest’s) behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of Sponsor or any applicable Prize provider, and in such a case, the applicable Winner will still be solely responsible for all taxes and other expenses related to his or her Prize. All Prize details, including any additional limitations and restrictions, are at Sponsor’s discretion.
5. LIMITATIONS ON LIABILITY:
By participating in the Giveaway, each entrant agrees that Sponsor, each Prize provider, and each of their respective parents, subsidiaries, affiliated companies, partners, representatives, agents, successors, assigns, retailers, advertising and promotion agencies, and all of their respective shareholders, officers, directors, employees and assigns, members, representatives and agents (collectively the “Limitation on Liability Parties”), will have no liability whatsoever for, and will be held harmless by entrant for any liability for any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (included but not limited to attorneys’ fees) arising from: (i) entry creation, (ii) the acceptance, possession, use or misuse of the prize or parts thereof, (iii) participation in the Giveaway, or participation in any Giveaway related activity, (iv) any technical errors, printing errors, and any errors in the administration of the Giveaway, (v) any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action, (vi) any breach or alleged breach by you of the Official Rules, (vii) your use of materials or features available via the Giveaway, (viii) the use of your name, image, likeness and/or hometown, or (ix) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Entrants who do not comply with these Official Rules, or attempt to interfere with this Giveaway in any way, shall be disqualified.
BY ENTERING THE GIVEAWAY, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ THESE OFFICIAL RULES AND ARE FULLY FAMILIAR WITH ITS CONTENTS. BY ENTERING THE GIVEAWAY, YOU AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CAMPAIGN OR CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, BY STATE OR FEDERAL COURTS SITUATED IN NEW YORK, NY AND THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS AND THE LIMITATION ON LIABILITY PARTIES IN CONNECTION WITH THE GIVEAWAY AND/OR INSTANT GIVEAWAYS WILL BE CONSTRUED IN ACCORDANCE WITH NEW YORK LAW, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS; (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 $100, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY OF THE LIMITATION ON LIABILITY PARTIES BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT ANY OF THE LIMITATION OF LIABILITY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
If any part of this limitation of liability is found to be invalid or unenforceable for any reason or if any of the Limitation on Liability Parties is otherwise found to be liable to you in any manner, then any of the Limitation on Liability Parties’ aggregate liability for all claims under such circumstances for liabilities shall not exceed fifty dollars (USD $50).
6. HOW TO REDEEM PRIZES:
WINNER INSTRUCTIONS: To redeem your winning scratch card, after visiting this site assassinationnationmovie.com/bingo and reviewing these Rules, email a picture of the front of your winning scratch card clearly showing the winning display to email@example.com.
Your email must also include your birth date, address of your current permanent residence, and your personal email address. Sponsor will in turn contact you using contact information provided to verify your eligibility and, as applicable, fulfill your applicable Prize.
All winning scratch cards must be redeemed by following the instructions above no later than 11:59pm ET on October 1, 2018. Emails received after that time will NOT be valid.
7. OTHER CONDITIONS:
Scratch cards are automatically void if counterfeited, mutilated, forged, altered, or tampered with in any way, if illegible, mechanically reproduced, obtained outside authorized legitimate channels or if they contain printing, production, typographical, mechanical, or other errors, or if they are rendered inoperable due to any type of malfunction, whether technological or otherwise. All Giveaway materials submitted for prize claims become the property of Sponsor and will not be returned. Sponsor is not responsible for lost, late, stolen, illegible, incomplete, damaged, mutilated, misdirected, or postage-due mail, requests, or prize claims. All official Giveaway materials are subject to verification before any prize is awarded. Decisions of the judging organization are final, binding, and conclusive in all matters relating to this Giveaway. ANY PERSON ATTEMPTING TO FORGE GIVEAWAY MATERIALS OR TO DEFRAUD SPONSOR IN ANY WAY IN CONNECTION WITH THIS GIVEAWAY WILL BE DISQUALIFIED AND MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW. Participant assumes all risk of loss or damage to, or destruction of, official scratch cards. Liability for official scratch cards containing printing or other errors or for official Giveaway materials that are incomplete, missing, or rendered inoperable due to any type of malfunction or other error, is limited to replacement with one (1) Giveaway Card, but only while supplies last. No more than the intended number of prizes as outlined in these Official Rules will be awarded for each prize. If, for any reason, more valid prize claims are received than there are prizes at any level as listed in these Official Rules, the intended number of prizes at that level will be awarded through a random drawing from among all valid prize claims received for that prize level. All federal, state, and local income taxes on prizes and all other costs incurred in claiming, registering, or using any prizes, or expenses on receipt and use of prizes are the responsibility solely of the Winners unless otherwise provided in these Official Rules. Prizes pictured in point of sale, online banner or print advertising and in promotional materials and other materials in connection with this Giveaway are for illustrative purposes only. Actual prizes may vary in appearance from the prizes pictured. Prizes cannot be transferred or substituted except at Sponsor's sole discretion, or as provided herein. Sponsor reserves the right to substitute a prize of equal or greater value if an advertised prize becomes or is unavailable for any reason. By accepting a prize, each Winner (or his/her parent or legal guardian if winner is a minor as defined herein) consents to the use of Winner's name, hometown, likeness, voice, and/or biographical information for advertising and promotional purposes in commerce and in all media worldwide without limitation or additional notice or compensation, except where prohibited by law. All potential Winners (or their parents or legal guardians, if applicable), by submission of prize claim, acknowledge compliance with these Official Rules and agree to release and hold harmless Sponsor, and affiliates, any entity for each of the foregoing, their participating retailers, dealers, distributors, affiliates, subsidiaries, media partners, and advertising, promotion, printers and other coordinating agencies involved in this Giveaway, and all of their respective officers, directors, and employees (collectively, the "Promotional Parties") from and against any and all liability for injuries or damages of any kind sustained in connection with participation in this Game or the use, acceptance, possession or awarding of any prize/discount or while preparing for, participating in and/or traveling to or in connection with any prize-related activity, any accident, loss, injury or death occurring or in any way related to the prizes or use/misuse thereof, or while traveling to and/or from a location to obtain or use the prizes or participation in this Game. Unclaimed prizes will not be awarded.
8. FOR REDEMPTION:
The Promotional Parties are not responsible for (i) electronic transmissions, prize claims or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected or not received by Sponsor or its agents for any reason, (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of prize claims, or for destruction of or unauthorized access to, or alteration of, such claims, (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to participants' or any person's computer and/or its contents, or causes beyond Sponsor's reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Giveaway, or (iv) any prize claims submitted in a manner not expressly allowed under these Official Rules; all such prize claims will be disqualified. All incomplete or non-conforming prize claims will be disqualified. Proof of submission of a claim does not constitute receipt of claim by Sponsor. The Promotional Parties do not assume any responsibility for any disruption in the Giveaway caused by labor strikes, or any other act, circumstance or other unforeseen event outside of the control of the Promotional Parties. Entry material/data that have been tampered with or altered shall be deemed void. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Game materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. Promotional Parties are not responsible for printing or other errors in these Official Rules.
9. REQUEST FOR OFFICIAL RULES:
Official Rules will be posted online at assassinationnationmovie.com/bingo until November 15, 2018.
By participating in this Giveaway, participant or his/her parent/legal guardian, as applicable agrees that any and all disputes, claims, and causes of action arising out of or connected with the Giveaway or any prize/discount awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York, NY. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, participants' rights and obligations, or the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with federal law and to the extent not inconsistent, the laws of the State of New York.
11. FORCE MAJEURE/APPROVAL AND UNFORSEEN OCCURRENCES:
If, for any reason the Giveaway cannot be conducted as planned, as determined by Sponsor or judges in their sole discretion, Sponsor, may, without prior notice, terminate, modify or suspend the Giveaway, in whole or in part. In the event of termination of the Giveaway prior to the stated end date, Sponsor will post notice regarding the termination on the Giveaway’s website and will award only those prizes for which valid prize claims were received prior to the date/time of termination.
NEON RATED, LLC
New York, NY 10012