by VRESH HOLIDAY VIDEO CONTEST
OFFICIAL CONTEST RULES
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1. Contest Start Date: [date] at [x time] – specify time zone 2. Contest Deadline: [date] at [x time] – specify time zone 3. Judging Period Start Date: [date] at [x time] – specify time zone 4. Judging Period End Date: [date] at [x time] – specify time zone 5. Date Winners Chosen: [date] 6. How To Enter: [describe specifically in detail] 7. Judging Criteria: [list criteria, relative % value assigned to each & how tie is resolved, if different from Section 5 below] 8. Prizes: [List of prizes and Approximate Retail Value (“ARV”) of each]
Before entering the Contest, please thoroughly review the balance of these Official Contest Rules below.
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NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE ODDS OF WINNING.
VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED OR RESTRICTED BY LAW.
Do not enter the Contest if you are not located in the United States at the time of entry.
Odds of winning depend upon the number of eligible Entries received during the Contest Period.
VRenetic, Inc, its subsidiaries, affiliated companies and divisions (collectively, the “Sponsor”), will conduct its promotional contest (the “Contest”) substantially as described in these Official Contest Rules. The Contest is administered solely by the Sponsor and not sponsored by any other entities unless otherwise specified above. Any questions, comments or complaints regarding the Contest must be directed to the contest administrator, unless otherwise specified. Entrant(s) acknowledges and understands that any information provided will be used for administering the Contest and in accordance with Sponsor’s Privacy Policy.
By participating in the Contest, each Entrant (as defined below) agrees as follows:
- Contest Overview: Sponsor is running the Contest via Sponsor’s VResh™ Mobile Application (the “App”). The Contest is a skill-based competition whereby each Entrant will submit a Video to be judged for an opportunity to win one or more prizes as more fully described in these Official Contest Rules.
- Contest Period: The Contest begins on the Contest Start Date specified above and continues until the Contest Deadline specified above or until otherwise terminated pursuant to terms hereof (“Contest Period”). Contest Entries must be received by the Contest Deadline.
- Eligibility: The Contest is open only to persons 18 years of age or older as of the date of Entry who are permanent legal residents of the 50 states of the United States and the District of Columbia (“D.C.”) (excluding Guam, Puerto Rico, and all other U.S. territories and possessions) who are physically located therein and who have downloaded the App, are registered users of the App and are in full compliance with the App Terms of Use.
If an Entrant is over 18 years of age, but is a resident of a jurisdiction that deems him/her to be a minor (e.g., residents of Alabama, Nebraska and Mississippi who are between 18-21 years of age) (“Minor”), he/she must obtain parental/legal guardian consent prior to entering the Contest and/or otherwise submitting any personally identifiable information. Entrants must have either a valid Social Security number or a valid U.S. personal tax identification number.
If you are not a permanent resident of one of the 50 states or D.C. or you are not the required age as of time of entry, you are not eligible to enter the Contest or to win a Prize.
Employees of Vrenetic, Inc., their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Contest, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, prize suppliers, any other person or entity associated with the Contest (collectively “Contest Entities”) and/or members of their immediate families (spouses, children, siblings, parents, domestic partner) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Contest.
By entering, Entrants confirm that he/she has the rights to submit the Video (an “Entry” or “Entries”) and such submission complies with the Entrant Video Agreement and Video Requirements in Section 4 below; and agreement to abide by the Official Contest Rules and the Vresh Terms of Use (“Entry Information”).
The Entrant is defined as the person who completed the act of entering and submitting his/her Entry Information and Video (“Entrant”). If any person(s) appear in the Video, such person(s) shall be limited to the Entrant, a family member or another person that the Entrant personally knows and who has provided permission to the Entrant for his/her “likeness” to be used (“Subject”). If a minor is the subject in the Video, the Entrant must be the age of majority and the Subject’s parent or legal guardian. Only an Entrant may be eligible for a prize. Any Subject in the Video and/or videographer or similar contributor (each a “Contributor”) will not be eligible for a prize unless he/she is deemed the Entrant. Each Entrant and his/her Entry must comply with all Contest eligibility requirements as set forth in these Official Contest Rules as well as comply with the Entrant Video Agreement and Video Requirements stated in Section 6 below.
All required Entry Information must be provided in full via proper account registration in the App. The Entry Information must match the information of the Entrant that completed the act of physically entering the Contest. Entries by the same person in excess of the permitted limits will be disqualified. Any attempted form of Entry other than as specified in these Official Contest Rules is void. Final eligibility for the award of a prize is subject to eligibility verification as set forth below.
- Entrant Video Agreement and Video Requirements: Each Entrant must own or otherwise lawfully possess the camera equipment used to take the Video prior to entering this Contest and no purchase of any equipment is required. Each Entrant and Entrant’s Video must adhere to the following guidelines and requirements:
a. Videos must be wholly original, be the Entrant’s own creation and Entrant warrants that he/she has secured all necessary rights relating to its use and the use of the content and/or Subject in the Video.
b. Videos cannot contain the last name, phone number(s), address, email address or other personally-identifying information of the Entrant or any other person.
c. Video must not include materials (language, phrases, quotations, trademarks, artwork, or products or brand names not owned or licensed by the Sponsor or its affiliates) etc.), copyrighted or otherwise owned by third parties.
d. Video should not include logos not owned or licensed by the Sponsor or its affiliates that are copyrighted or otherwise owned by third parties. Sponsor in its sole discretion reserves the right to modify or shade out any such logos if the Entry is otherwise eligible.
e. Video must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation.
f. Video must not contain or depict any objectionable, unlawful, defamatory, obscene, sexually explicit, threatening, abusive, harassing, hateful, discriminatory, threatening, or vulgar material and must be otherwise fit for publication/ posting/ uploading, as determined by Sponsor in its sole and absolute discretion.
g. Video must not contain any references to alcohol, tobacco, drug paraphernalia, firearms, or any description or representation thereof.
h. Video must not include obscenities or other objectionable material that defames or invades the publicity or privacy rights of any person (living or deceased), or that otherwise infringes upon any third party’s personal or proprietary rights, as determined by Sponsor in its sole and absolute discretion.
i. Video must not contain any material that: (a) would give or threaten to give rise to criminal or civil liability; (b) encourages conduct that constitutes a criminal offense; or (c) encourages or provides instructional information about illegal activities.
Entrant represents and warrants that he/she has obtained permission of each Subject or participant and the contribution of each and every person who has contributed to the Video (including, without limitation, those in front of and those behind the camera) and that each Contributor has granted the Entrant the rights described in these Official Contest Rules. In the event that any Contributor is deemed to be a Minor, Entrant warrants and represents that he/she is the parent/legal guardian of such Minor and as such granted his/her permission for said Minor to participate in the Video and permits the use of such minor’s name, likeness, biography, actions and contributions. All legal responsibilities under these rules of any person deemed to be a minor are assumed by such minor’s parent/legal guardian. Furthermore, any Entrant who is selected as a potential Contest winner will provide the Sponsor with signed releases from each and every Contributor (if Contributor is a minor, his/her parent/legal guardian will provide the signed release on minor’s behalf) granting these rights (each a, “Contributor Release”) within the time specified by the Sponsor.
VIDEOS POSTED REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF THE SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF SUBMISSIONS AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH MONITORING, MODERATING, SCREENING OR REVIEWING OF ENTRIES PRIOR TO POSTING/PUBLICATION OF THEM. SPONSOR RESERVES THE RIGHT NOT TO POST AND MAY DISQUALIFY ANY ENTRANT AND/OR ENTRY THAT IS IN VIOLATION OF THE VRESH TERMS OF USE, THE OFFICIAL CONTEST RULES, THESE ADDITIONAL RULES, TERMS & CONDITIONS, OR DOES NOT ADHERE TO THE ABOVE CRITERIA, OR IS NOT REASONABLY PERTINENT TO THE JUDGING CRITERIA (DESCRIBED IN SECTION 5 BELOW) AS DETERMINED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION.
5. Contest Judging: Commencing on the Judging Period Start Date specified hereinabove and continuing until on or about the Judging Period End Date specified hereinabove (“Judging Period”), all eligible Contest Entries will be judged by Sponsor and/or its representatives.
Unless otherwise expressly stated in these Official Contest Rules hereinabove, all Entries will be judged based upon the following criteria (“Judging Criteria”):
(a) Creativity;
(b)Originality; and
(c)Composition
Based on the foregoing Judging Criteria, five (5) finalists (the “Finalists”) will be chosen. Each Finalist Video will receive a score based on the Judging Criteria for a maximum of up to one hundred (100) points. Unless otherwise stated hereinabove, the points allocated to each of the Judgement Criteria shall be as follows: Creativity (maximum 40 Points); Originality (maximum 30 Points); and Composition (maximum 30 Points).
In the event of a tie, the Entrant whose Video receives the higher score for “Creativity” will be declared the potential Contest winner. In the event of a further tie, the Entrant whose Video receives the higher score for “Originality” will be declared the potential Contest winner. In the event of a further tie, the Entrant whose Video receives the higher score for “Composition” will be declared the potential Contest winner. In the event of a further tie, Sponsor in its sole discretion shall choose the potential contest winner based on an evaluation of which Video is superior overall taking all categories into consideration. Sponsor and/or its representatives reserve the right, in its sole discretion, to select fewer Finalists or no Finalists if an insufficient number of eligible Contest Entries or no eligible Contest Entries are received.
- Notification of Winners: The potential contest winner (or his/her parent/legal guardian if a potential winner is a Minor) will be notified by email at the email address listed on his/her Entry following selection thereof. If the potential Contest winner does not claim his/her prize within the period set forth in such notice, or if no period is set forth in such notice, within five (5) days following notification, such potential Contest winner may be disqualified and, in Sponsor’s sole discretion, the next highest scoring Finalist may be selected as an alternate winner for the Contest. If any potential winner is found to be ineligible, if he/she cannot or does not comply with the Vresh Terms of Use, these Official Contest Rules, and/or if his/her notifications, documents or requirements are incomplete, or returned as undeliverable, such potential winner will be disqualified and an alternate potential winner will be selected.
RECEIVING A PRIZE IS SUBJECT TO VERIFICATION OF ELIGIBILITY AND COMPLIANCE WITH THE OFFICIAL CONTEST RULES. ALL POTENTIAL CONTEST WINNERS ARE SUBJECT TO VERIFICATION BY THE SPONSOR OR OTHER CONTEST ADMINISTRATOR AS SET FORTH IN MORE DETAIL BELOW. THE DECISIONS OF SPONSOR(S) ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. A POTENTIAL WINNER IS NOT A WINNER OF ANY PRIZE, EVEN IF THE NOTICE SHOULD SO INDICATE, UNLESS AND UNTIL SUCH POTENTIAL WINNER’S ELIGIBILITY IS CONFIRMED, AND THE POTENTIAL WINNER HAS BEEN VERIFIED AND HAS RECEIVED NOTIFICATION THAT SUCH VERIFICATION IS COMPLETE AND SUCH POTENTIAL WINNER IS THE OFFICIAL CONTEST WINNER.
- Prizes/Odds of winning: Prizes and prize components cannot be combined or exchanged with any other offer. Sponsor may, in its sole discretion choose to substitute a prize (or prize component) of equal or greater value due to prize unavailability or for any other reason. Sponsor reserves the right, in its sole discretion to replace any merchandise with a newer model or version of same; but, in such event, Sponsor will continue to use the value of the “old” (i.e., replaced) item for purposes of calculating the ARV. Prize notifications, shipments, documentation, tickets and trip itinerary (as applicable) will be shipped to U.S. (including D.C.) addresses only.
Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Contest Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change. If Sponsor is unable to provide the winner with their prize, the Sponsor may elect, to provide winners with an alternate prize. All prizes are awarded “AS IS” and without warranty of any kind, express or implied. Sponsor makes no warranties, and hereby disclaims any and all warranties, expressed or implied, concerning any prize furnished in connection with the Contest.
All federal, state/provincial, and/or other taxes are the sole responsibility of each winner. If applicable, Contest winner will receive an IRS Form 1099 from the Sponsor for the total ARV, as stated herein, of his/her prize that he/she won in the calendar year that he/she won. Any depiction of a prize or prize components, in Contest materials or otherwise, is for illustrative purposes only. Contest Entities are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to the prizing.
Gift cards are subject to the terms and conditions printed thereon.
Contest Entities and each of their respective parent, related, affiliated and subsidiary companies and their respective officers, directors agents, employees and assigns shall be released and discharged from any and all legal claims, losses, injuries, demands, damages, actions, and/or causes of actions that arise out of and/or in any way related to a prize, the receipt, use and/or enjoyment of a prize and/or the Contest.
Odds of winning depend upon the number of eligible Entries received during the Contest Period and will vary from Contest to Contest.
- General Conditions: The Contest is subject to all applicable federal, state, provincial, and local laws, and to these Official Contest Rules (collectively “Rules and Laws”). By participating, participants agree to be bound by these Rules and Laws and the decisions of the Sponsor, which are final and binding in all respects; to waive any right to claim ambiguity with the Rules and Laws; to indemnify and hold harmless the Contest Entities from any and all claims, actions, injury, loss, damage or liability resulting or arising from the Contest, including but not limited to, the acceptance, possession, use, or misuse of the Grand Prize (or prize component); and to release all right to bring any claim, action, or proceeding against the Contest Entities. Potential Contest winners (or his/her parent/legal guardian if potential winner resides in a jurisdiction that deems him/her to be a Minor), will be required to complete an Eligibility Questionnaire conducted by Sponsor for verification purposes as well as a Contributor Release (if applicable). Potential Contest winner (or his/her parent/legal guardian if potential winner resides in a jurisdiction that deems him/her to be a Minor), may be required to sign, execute, have notarized, and return an original unmodified Affidavit of Eligibility, a Liability Release, and a Publicity Release and any other documentation that the Sponsor may require (collectively, “Affidavit/Release”) within five (5) business days after receipt or potential winner may be disqualified. If the potential Contest winner fails to sign and return the Affidavit/Release within the required time period (as applicable above), such potential Contest winner forfeits any prize eligibility and an alternate Contest winner may be selected in Sponsor’s sole discretion. By completing an Affidavit/Release, Contest winner attests to the veracity of the provisions stated therein including compliance with these Official Contest Rules. If a winner is a Minor, his/her prize will be awarded in the name of his/her parent/legal guardian. If a participant chooses to opt-in to receive communications from a participating Contest Entity, his/her Entry Information will be subject to that Contest Entity’s Privacy Policy and Terms of Use (if applicable), and such participant agrees to receive additional email communication from that particular Contest Entity. Opting in to receive communications does not improve one’s chances of winning a prize.
Any personal information, Entry, Video and any and all other content of any nature or kind supplied by an Entrant to the Sponsor or its affiliates will be subject to Sponsor’s Privacy Policy and Terms of Use which each policy respectively may be modified from time to time. If, for any reason, the Contest is not capable of running as originally planned, Sponsor in its sole discretion, reserves the right to cancel, suspend or modify the Contest or any portion(s) thereof and to judge the Contest Entries and award the prize(s) from all salvageable eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor, or award the prizes in a manner that is fair and equitable and notice of such action will be posted in the App. Sponsor reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the Entry or any voting process or the operation of the Contest; to be acting in violation of these Official Contest Rules, or to be acting in a unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or in any way tamper with this Contest will be ineligible for a prize and may be prosecuted to the full extent of the law. In case of a dispute over the identity of a participant who submitted a winning Entry, the authorized account holder of the email address associated with that Entry will be deemed the participant. The “authorized account holder” is deemed the natural person who is assigned to an email address by an internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Said owner must be the participant, comply with these Official Contest Rules and, in Sponsor’s sole discretion, may be required to provide proof of ownership of the email and/or App account.
- Rights in Submissions: In consideration of each Entrant’s Entry (and Video) being reviewed and evaluated for this Contest, each Entrant hereby grants to the Sponsor a non-exclusive, irrevocable, fully paid, royalty-free, universal, worldwide, perpetual license to use, copy, edit, sublicense, transmit, distribute, publicly perform, publish, delete or display such Entries (and Video), or any portion thereof, in any media now known or hereafter devised, for any purpose whatsoever (including without limitation commercial purposes) without any further right of approval or consideration. Each Entrant represents and warrants that he/she has the sole and exclusive right to grant such rights to Sponsor, and that the Sponsor’s reproduction, publishing, displaying, and/or other use of his/her Entry (and/or Video) will not infringe on any rights of third parties, including, but not limited to, copyright, trademark, privacy, or publicity rights, anywhere in the world. Each Entrant agrees that Sponsor shall have no obligation to copy, publish, display, or otherwise exploit his/her Video. Each Entrant authorizes the Sponsor and any entities affiliated or in privity with the Sponsor, to utilize in perpetuity, and in any manner they see fit, his/her Entry (and Video) submitted to Sponsor, and to make derivative works from such material. Each Entrant agrees that the results and proceeds of such use shall become the property of Sponsor and/or Sponsor’s licensees, and shall be freely assignable by Sponsor and that the Contest Entities and their assignees and licensees shall have no obligations whatsoever to Entrant. Each Entrant and each winner agree to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in his/her Entry (and Video) (including without limitation all copyright, trademark and proprietary rights worldwide including moral rights). Each Entrant releases the Contest Entities, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant also grants to the Contest Entities permission (or his/her parent/legal guardian if he/she is a Minor) to use Entrant’s and each Contributor/Subject’s name, image and likeness, biographical information, statement, voice, Entry and Video for the purpose of advertising, trade, or promotion without further notice, permission, compensation or consideration in any and all media (including posting on the Website) worldwide in perpetuity, unless prohibited by law. Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Entry(s) (including Video(s)) however it sees fit and for any purpose without any notice or compensation to Entrant, Subject, Contributor or any third parties.
- DISCLAIMERS: If an Entrant experiences any issues entering, technical or otherwise, Contest Entities shall in no event be liable to Entrant. Without limiting the foregoing, Contest Entities are not responsible or liable for multiple Entries, Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for Entries (including Videos) that are illegible, late, mutilated, tampered with, forged, incomplete, misdirected, lost, misplaced, stolen, destroyed or otherwise not in compliance with these Official Contest Rules and such Entries will be disqualified. By entering the Contest, each Entrant agrees and acknowledges that Contest Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this Contest; human error; incorrect or inaccurate transcription of Entry Information; disputes over who is the Entrant and/or Subject in any Entry, acceptance/possession, use/misuse, and/or defects of the Grand Prize awarded herein; typographical errors in the Contest promotional material; or any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access the App or any online service via the internet due to hardware or software compatibility problems; any damage to a Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of this Contest; any lost/delayed data transmissions, omissions, interruptions, and/or defects due to reasons beyond the Sponsor’s and/or Contest Entities’ control and/or any other errors or malfunctions even if caused by the negligence of one of the Contest Entities. Contest Entities assume no responsibility for any injury or damage to an Entrant’s or to any other person’s computer, camera, handheld device and/or telephone relating to or resulting from entering, uploading a Video or Entry Information, or downloading the App, materials and/or software in connection with this Contest. Contest Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sponsor or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or their parents, subsidiaries and affiliated companies. The failure of the Sponsor to comply with any provision of these Official Contest Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Contest Rules.
Proof of submission of an Entry shall not be deemed by Sponsor as proof of receipt by the App administrator. The Sponsor is not responsible for lost, late, illegible, misdirected, mutilated, postage-due or incomplete Entries. When applicable the App administrator’s computer will be deemed the official time keeping device for the Contest promotion. Contest Entries must contain all information requested and must be received on or before the Contest Deadline to be deemed valid. All Entries become the property of Sponsor and will not be acknowledged or returned.
Entries will be deemed made by the authorized account holder of the App account used for submission at the time of entry and qualification. Use of any device to automate entry is strictly prohibited. Multiple participants are not permitted to share the same email address or App account. Should multiple users of the same App account or e-mail account enter the Contest and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said e-mail account at the time of Entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider, mobile service provider or other organization which is responsible for assigning e-mail addresses, mobile phone numbers or the domain associated with the submitted e-mail address.
The Sponsor is not responsible for any change of email address, mailing address and/or telephone number of Entrants. Notification is deemed to have occurred immediately upon placing of a phone call or sending of an e-mail or any other form of communication the Sponsor may use to contact the finalist and/or a potential winner. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a qualifier or potential winners or for any late, misdirected, or if the qualifier or potential winner is a Minor, for late, misdirected, or unsuccessful efforts of the Entrant to provide signed parental or guardian consent. If the potential Contest winner does not claim the prize within the appropriate time given upon notification or as otherwise stated in the specific Official Contest Rules, the Entrant will automatically be disqualified and their prize will be forfeited.
All decisions of the judges will be final. By participating in the Contest, you agree (a) to be bound by these Official Contest Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with the rules, you will be disqualified.
- GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Contest, (ii) the awarding or redemption of a prize and/or (iii) the determination of the scope or applicability of these Official Contest Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Los Angeles County, California, before a single arbitrator, in accordance with California Code of Civil Procedure §§ 1280 et seq. The arbitrator shall be selected by mutual agreement of Sponsor and the Entrant(s) bringing forth the controversy or claim (collectively, the “Parties”) or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Each Entrant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each Entrant further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Contest but in no event attorneys’ fees; and, under no circumstances, will a Entrant be entitled to awards for and Entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. Should any term hereof be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring the Rules within the requirements of law, be deemed to be severed from the other terms hereof, and the remainder of the Official Contest Rules and/or these Additional Rules shall be given effect as if it had not included the severed term(s). THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
- Rules/Winners’ List: To receive a copy of these Official Contest Rules or a Winners’ List for the Contest, send a self-addressed stamped envelope, along with a note indicating the specific Contest Name and Contest Period and whether seeking “Rules” or “Winners List”, to: VRESH Video Contests, c/o Vrenetic, Inc., 410 N La Cienega Blvd, West Hollywood, CA 90048. Vermont residents may omit return postage with Official Contest Rules requests.
Winners’ List available thirty (30) days following each Contest Deadline. All requests therefor must be received within ninety (90) days following the Contest Deadline.
- Miscellaneous: The invalidity or unenforceability of any provision of these Official Contest Rules will not affect the validity of any other provision. In the event that any provision of the Official Contest is determined to be invalid, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid provision were not contained herein. Sponsor’s failure to enforce any term of the Official Contest Rules will not constitute a waiver of that provision. When terms such as “may” are used herein, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of the Official Contest Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning of this document. In the event there is a discrepancy between disclosures or other statements contained in any Contest-related materials, Privacy Policy, App Terms of Use, the Official Contest Rules, the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
- Sponsor NAME AND ADDRESS: The Contest is sponsored by VRenetic, Inc., whose principal office is located at 410 N La Cienega Blvd, West Hollywood, CA 90048. The Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, Twitter, Amazon Insta360 or any other entity other than VRenetic, Inc., unless otherwise set forth in the Official Contest Rules. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest. By entering the Contest, you understand that you are providing your information to the Sponsor. Facebook and Instagram are registered trademarks of Facebook, Inc. Twitter is a registered trademark of Twitter, Inc. Amazon is a registered trademark of Amazon.com, Inc. Insta360 is a registered trademark of Beijing Arashi Vision Network Technology Co., Ltd.
©2018 VRenetic, Inc. All rights reserved.