no purchase necessary to enter or win
RECESS x THE DISASTER ARTIST CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VALID ONLY IN PARTICIPATING MARKETS AS DESCRIBED IN THESE OFFICIAL RULES. PARTICIPATION IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. These official rules (the “Official Rules”) are a Contract. Read them carefully before entering. 1. Description. The Recess x The Disaster Artist Contest (the “Contest”) is a contest whereby the below participating United States colleges and universities (each, a “Participating University”) can compete to win an advanced on campus screening of the film “Disaster Artist” (the “Film”) and the other prizes described below (collectively, the “Prize”). 2. Sponsor. This Contest is sponsored by Recess Digital Inc. (“Recess” or “Sponsor”). Recess has partnered with A24 Films (the “Prize Provider” and collectively with Sponsor, “Contest Parties”) to provide the Prizes for this Contest. 3. Contest Period. The Contest begins on October 20, 2017 on or about 12:00a.m Pacific Standard Time (“PST”), and ends on November 5, 2017 at 11:59p.m PST (the “Contest Period”). 4. Eligibility to Vote. Participation in the voting portion of the Contest is open to legal residents of the fifty United States and the District of Columbia who are enrolled in one of the Participating Universities (described below), who have reached the age of majority in the applicable state of residence as of the date of entry, and who have a valid .edu email address issued by a Participating University (each an “Eligible Participant”). Employees of the Contest Entities, and members of their immediate families (e.g., spouse, parent, children, siblings and their respective spouses, regardless of where they reside) and households, whether or not related, are not eligible to participate. The Contest is void where prohibited by law. 5. Participating Universities: • University of California Los Angeles • University of Maryland – College Park • Washington State University • Duke University • University of Cincinnati • Florida State University • The Ohio State University • University of Michigan • University of Houston • Georgetown University • University of Miami • Indiana University- Bloomington
• • • • • • • •
Northwestern University University of Washington Arizona State University – Tempe Texas A&M University Syracuse University University of Iowa University of Utah DePaul University
6. How to Vote. To participate, Eligible Participants must visit at www.recess.is/giveaway/the-disaster-artist during the Contest Period and vote (each, a “Vote”) for one of the Participating Universities. LIMIT ONE (1) VOTE PER ELIGIBLE PARTICIPANT. Subsequent votes will be disqualified. Eligible Participants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, paying for votes, trading votes or offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion; all such votes will be void and the Participating Universities with whom such Eligible Participants are associated may be disqualified, at Sponsor’s discretion. 7. Participation and Judging. Each Participating University will host an on-campus screening of the film “The Room” between October 23- November 5, 2017 (the “Initial Screening”). Each Participating University must submit an entry form (the “Entry”) during the Contest Period that includes a post-event recap of the quality and effectiveness of the Participating University’s marketing of the Initial Screening, as well as the Participating University’s marketing plan for promoting the Prize. Limit one (1) Entry per Participating University. Subsequent Entries will be disqualified. An “Eligible Entry” is one that is complete in its entirety, submitted by a Participating University, and is otherwise in compliance with these Official Rules. Each Eligible Entry will be evaluated and scored by a panel of judges chosen by Prize Provider (the “Judges”) based on the following: (i) quality and effectiveness of marketing of the Initial Screening (including, but not limited to, engagement, reach, attendance, and RSVPs), and (ii) creativeness of marketing plans for the promotion of the Prize. Prize Provider reserves the right to not award the Prize if, in its sole discretion, it does not receive any Eligible Entries. 8. How the winners will be determined. The winning Participating University will be determined by a combination of: (i) 20% for the Participating University with the most Votes from Eligible Participants; (ii) 40% for quality and effectiveness of the marketing of the Initial Screening as determined by the Judges; and (iii) 40% for creativeness of marketing plans for the promotion of the Prize, as determined by the Judges. In the event of a tie, an additional tie-breaking judge will determine the winner from among those tied using criterions (ii) and (iii). Judging scores will not be revealed. The decisions of the Recess, Prize Provider and Judges are final and binding. 9. Disqualification. If a Participating University or Participant is found to be ineligible, a voting form is not complete, or a Vote or Entry is found to be ineligible or otherwise does not comply with these Official Rules, then such Vote or Entry will be disqualified. If a prize notification is returned as undeliverable or unclaimed, this will result in disqualification. Without limiting any other remedies available to Recess in law or equity, Recess may also disqualify or prohibit an otherwise Eligible Participant from participating in the Contest or
a Participating University from winning the Prize if, at its sole discretion, it determines that a Participant or Participating University has violated these Official Rules or has threatened or is attempting to undermine the operation of the Contest by cheating, hacking, deception or other unfair or fraudulent playing practices. 10. Prize. No more than the advertised number of prizes shall be awarded. The Prize is subject to certain terms and conditions as specified herein. Prize details and availability are subject to change. The Prize will only be awarded if properly claimed according to these Official Rules. All costs and expenses related to the Prize acceptance, the Prize, and/or Prize use not specified herein as being provided are the sole responsibility of winner(s). Approximate retail value (“ARV”) of the Prize is an estimate, and subject to market conditions, which can fluctuate and any difference between actual market value and actual retail value will not be awarded. One (1) of the twenty Participating Universities (the “Winning University”) will be selected to win: 1. An advanced on campus screening of the Film (the “Film Screening”). The Film must be screened in DCP format with security for night vision. If for any reason the Winning University is unable to host the screening on campus, Prize Provider will provide an off-campus venue for the Film Screening (venue to be determined by Prize Supplier in its sole and absolute discretion) (ARV:$1500); and 2. A trip for four (4) people from the Winning University to the Los Angeles premiere of the Film, which shall include round-trip air transportation for four (4) people, four (4) hotel rooms for two (2) nights in the Los Angeles area (double occupancy), and four (4) $250.00 visa gift cards to be used to cover food, baggage, and other expenses (the “Premiere Trip”) (ARV: $6,600.00). The Winning University will be responsible for selecting the four (4) people who will be entitled to redeem the Premiere Trip (the “Traveling Winners”). 11. Notification of Winner. The potential winner will be selected, and an authorized representative of the potential winning Participating University will be notified on or around November 8, 2017 via email. Such individual will have twenty four (24) hours from the moment such notification is issued to respond to such notification by following the instructions provided therein. Such individual as well as the Traveling Winners designated by the authorized representative of the Winning University (each, a “potential winner”) will each be required to execute and return an affidavit of eligibility and liability/publicity release, which must be completed, signed and returned via email within twenty-four (24) hours of issuance. Additionally, Recess may require a potential winner to return a signed W-9 form. If the authorized representative of the Winning University does not reply to the notifications within the specified time frame, cannot accept the Prize for any reason or is otherwise not in compliance with these Official Rules, such Winning University may be disqualified in Recess’ sole discretion, in which case, the Prize will be forfeited, and an alternative Participating University will be selected in accordance with these Official Rules. If a potential Winning Traveler fails to return all required documents within the specified time period, is not in compliance with these Official Rules, or is unable to redeem the Prize for any reason, no substitute prize will be offered, remainder of Prize will be awarded and Contest Parties will have further obligation to the Winning Traveler or Winning University. 12. Delivery of Prize. The estimated date of the Film Screening is on or around December 1 – 8, 2017. The estimated date of the Premiere Trip is November 11-12, 2017. Both are subject to change.
13. Taxes and Expenses. Any valuation of the Prize stated above is based on available information provided to Recess, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The Winning University and the Traveling Winners are solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related fees, other costs or expenses related to Prize acceptance and use not specified herein, regardless of whether such Prize is used in whole or in part. The authorized representative of the Winning University must provide Recess with a valid taxpayer identification number before any Prize will be awarded. All costs and expenses associated with Prize acceptance and use not specifically included, including but not limited to all federal, state, local or other tax liabilities or other expenses related to the acceptance, use and/or redemption of the Prize, are the sole responsibility of the Winning University and the Traveling Winners. 14. Additional Prize Conditions. Contest Entities are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission of any third person with respect to the Prize. If the Winning University is unable to redeem their Prize, or any Eligible Participant is unable to attend the Film Screening or Premiere Trip, Recess and Prize Provider shall not be responsible for providing a replacement or substitute Prize. Prizes are not exchangeable, transferable or redeemable for cash and must be accepted as awarded. No substitution shall be permitted except at the sole discretion of Recess, who reserves the right to substitute a Prize with cash or another prize of comparable or greater value. If for any reason the Prize (or any portion thereof) is unavailable or any Prize or related event is delayed, cancelled or postponed, or for any other reason, Recess and Prize Provider reserve the right to modify the Contest in its sole discretion and award a substitute Prize, or portion of a Prize, of comparable or greater value as set forth in these Rules. Recess and Prize Provider shall have no responsibility or obligation to a Participating University or Eligible Participant who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. Gift cards are subject to the terms and conditions of the issuer, including without limitation, expiration dates. By participating in this Contest, Participating Universities and Eligible Participants understand and agree that they may be subject to any additional policies, terms and conditions placed on the Contest by the Prize Provider. The Prize Provider is solely responsible for any Prize provided and you acknowledge that Recess has no obligation whatsoever with respect to such Prize. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. Recess and Prize Provider are not responsible for the selection of the Traveling Winners, or for verifying their eligibility and availability to travel. ALL PRIZES ARE AWARDED “AS IS” AND THE CONTEST ENTITIES DO NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. All Traveling Winners must be 18 years of age or older, and may be required to sign a release prior to traveling as a condition of redeeming the Premiere Trip. All travel arrangements must be made through Prize Provider. The trip portion of the Prize will consist of economy-class air transportation from a major airport that is the closest to the Traveling Winner’s residence to a Los Angeles area airport; and standard, double occupancy, hotel accommodations for two (2) nights in the Los Angeles area at a hotel chosen by Prize Provider’s discretion. Traveling Winner’s are responsible for all other transport from his or her home to and from the airport, and travel to the hotel in Los Angeles, and any other incidentals or expenses. Once trip dates have been booked, no
change, extension or substitution of trip dates is permitted, except at Prize Provider's sole discretion. Any additional costs incurred from such a change, extension or substitution will be Traveling Winner’s sole responsibility. No extension or change of trip dates permitted. Recess and Prize Provider will not replace any lost or stolen tickets, travel vouchers, certificates or similar items once they are in winner's possession, or in the possession. If a Traveling Winner lives within 100 miles of prize destination city, the air transportation portion of the prize will not be awarded and ground transportation will be substituted and no additional compensation will be provided. The Traveling Winner’s are solely responsible for obtaining all necessary and required travel documents (passport, etc.) in order to travel. Recess and Prize Provider shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Recess and Prize Provider shall not be liable for any loss or damage to baggage, or any other damages or injuries (including death) incurred in connection with redemption of a Prize. By participating in Contest, each Traveling Winner acknowledges that Recess and Prize Provider have not and will not obtain or provide insurance of any kind relating to the Prize and that each Traveling Winner will be responsible for obtaining and paying for any form of insurance relating to the Prize that each Traveling Winner deems appropriate. 15. General Conditions. Released Parties (as defined below) are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, undelivered or garbled Votes, Entries, or for human, mechanical, electronic, network, or typographical errors otherwise relating to or in connection with the Contest. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by tampering, hacking or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to Participating University’s or Eligible Participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who are in violation of these Official Rules, as solely determined by Recess, will be disqualified and all associated Entries/Votes will be void. ANY ATTEMPT DELIBERATELY TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, RECESS RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 16. Governing Law/Disputes. The Contest and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California applicable to contracts made and performed entirely in California and where the relevant contacts are with such state. As a condition of participating in this Contest, each Eligible Participant and Participating University agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest or the Prize awarded shall be resolved individually, without resort to any form of class action and exclusively by the appropriate Federal or state courts located in the Los Angeles, California area. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will an individual be able to obtain attorneys’ fees or other legal costs. Eligible Participants and Participating Universities waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and participants further waive all rights to have damages multiplied or increased.
17. Privacy and Data Collection. Voting in the Contest constitutes consent to the transfer of the personal information collected from the Eligible Participant to Recess and/or the Prize Provider for the purposes of administering the Contest and for such other purposes to which Eligible Participant may consent as outlined herein or on the Recess website. All information submitted to Recess as part of this Contest will be treated in accordance with Recess’ privacy policy (“Privacy Policy”) located here https://www.recess.is/privacypolicy. By entering the Contest, you agree that Recess may collect information that you provide to enter the Contest and will use personal information you provide to enter the Contest to actually conduct the Contest. Recess may provide the personal information you provide to enter this Contest to the Prize Provider and/or other third party fulfillment companies only to administer the Contest and deliver Prize to winner. The Prize Provider may also use your personal information to contact you. 18. Publicity Grant. The Winning University and the Traveling Winners, by acceptance of a Prize (except where prohibited), grant permission for Recess and Prize Provider and their designees to use their trademarks, trademarks, name, biographical information, image and prize information (as applicable) as part of the winner’s list (described below), and for advertising, trade and promotional purposes, in any manner, without further compensation, in any and all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval, unless otherwise prohibited by law. 19. Termination or Modification of the Contest. If for any reason this Contest (or any portion thereof) is not capable of running as planned, including without limitation, technical reasons and/or other reasons which corrupt or affect the administration, security, fairness, or fulfillment of the Contest, Recess reserves the right to terminate, modify or suspend the Contest. Recess may, in their sole discretion, elect to select the winner as otherwise deemed fair and appropriate by Recess. 20. LIMITATION OF LIABILITY. The Contest Entities, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, agents, employees and representatives (collectively, the “Released Parties”) are not responsible or liable for illegible, lost, late, incomplete, misdirected, or undeliverable entry or email; or for any human error, computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of entry information, or the failure to capture, or loss of, any such information. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error or for any inability to access the website, transactions that are processed late or incorrectly or lost due to computer malfunction or traffic congestion. Participating Universities and Eligible Participants, by participating, agree and hereby release the Released Parties from any liability whatsoever for, and hold the Released Parties harmless from and against all claims and damages or liability arising in connection with their participation and/or entry in the Contest and/or their receipt or use of any Prize awarded in this Contest or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize (including any travel or activity-related thereto) or participation in any Contest-related activity or participation in this Contest.
CALIFORNIA RESIDENTS: You understand that the foregoing release covers all claims or possible claims of every nature and kind and all rights under Section 1542 of the Civil Code of California. 21. BINDING NATURE, WAIVER, INDEMNIFICATION. By participating in the Contest, you agree: (a) to be bound by these Official Rules, our Privacy Policy, and our website terms of service located at www.recess.is/giveaway/the-disaster-artist and by all applicable laws and decisions of Recess, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Official Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against the Released Parties in connection with the Contest; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (i) the Contest and your participation and/or entry in the Contest, (ii) typographical or printing errors in these Official Rules or the Contest materials, (iii) any change in any Prize (or any components thereof) due to unavailability, or due to reasons beyond Released Parties’ control, (iv) any interruptions in or postponement, cancellation, or modification of any Prize, (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any registration information, (vii) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by you, (viii) interruption or inability to access any online service via the Internet due to hardware or software compatibility problems, (ix) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged registration information Entries, or Votes or email or mail, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (xii) lost, late, stolen, misdirected, damaged or destroyed Prizes (or any element thereof), or (xiii) the negligence or willful misconduct by you. 22. Winner’s Name. For the name of the Winning University will be posted on www.recess.is/giveaway/the-disaster-artist. To obtain the name of the Winning University, please send an email to [email protected] with “Recess Film Screening Contest Winner’s Name” as the subject line. Winner’s Name requests will only be available after the Contest has ended and request must be received no later than sixty (60) days from the end date. Winner’s Name will be sent after selection and verification of winner. 23. Copy of the Rules. To obtain a copy of these Official Rules, please send a separate, self addressed and stamped envelope to the address below with a request. RECESS Digital Inc 1336 Electric Ave Los Angeles CA, 90291 Copyright, Recess DIGITAL, INC. 2017. All Rights Reserved. END OF OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VALID ONLY IN PARTICIPATING MARKETS AS DESCRIBED IN THESE OFFICIAL RULES. PARTICIPATION IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. These official rules (the “Official Rules”) are a Contract. Read them carefully before entering. 1. Description. The Recess x The Disaster Artist Contest (the “Contest”) is a contest whereby the below participating United States colleges and universities (each, a “Participating University”) can compete to win an advanced on campus screening of the film “Disaster Artist” (the “Film”) and the other prizes described below (collectively, the “Prize”). 2. Sponsor. This Contest is sponsored by Recess Digital Inc. (“Recess” or “Sponsor”). Recess has partnered with A24 Films (the “Prize Provider” and collectively with Sponsor, “Contest Parties”) to provide the Prizes for this Contest. 3. Contest Period. The Contest begins on October 20, 2017 on or about 12:00a.m Pacific Standard Time (“PST”), and ends on November 5, 2017 at 11:59p.m PST (the “Contest Period”). 4. Eligibility to Vote. Participation in the voting portion of the Contest is open to legal residents of the fifty United States and the District of Columbia who are enrolled in one of the Participating Universities (described below), who have reached the age of majority in the applicable state of residence as of the date of entry, and who have a valid .edu email address issued by a Participating University (each an “Eligible Participant”). Employees of the Contest Entities, and members of their immediate families (e.g., spouse, parent, children, siblings and their respective spouses, regardless of where they reside) and households, whether or not related, are not eligible to participate. The Contest is void where prohibited by law. 5. Participating Universities: • University of California Los Angeles • University of Maryland – College Park • Washington State University • Duke University • University of Cincinnati • Florida State University • The Ohio State University • University of Michigan • University of Houston • Georgetown University • University of Miami • Indiana University- Bloomington
• • • • • • • •
Northwestern University University of Washington Arizona State University – Tempe Texas A&M University Syracuse University University of Iowa University of Utah DePaul University
6. How to Vote. To participate, Eligible Participants must visit at www.recess.is/giveaway/the-disaster-artist during the Contest Period and vote (each, a “Vote”) for one of the Participating Universities. LIMIT ONE (1) VOTE PER ELIGIBLE PARTICIPANT. Subsequent votes will be disqualified. Eligible Participants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, paying for votes, trading votes or offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion; all such votes will be void and the Participating Universities with whom such Eligible Participants are associated may be disqualified, at Sponsor’s discretion. 7. Participation and Judging. Each Participating University will host an on-campus screening of the film “The Room” between October 23- November 5, 2017 (the “Initial Screening”). Each Participating University must submit an entry form (the “Entry”) during the Contest Period that includes a post-event recap of the quality and effectiveness of the Participating University’s marketing of the Initial Screening, as well as the Participating University’s marketing plan for promoting the Prize. Limit one (1) Entry per Participating University. Subsequent Entries will be disqualified. An “Eligible Entry” is one that is complete in its entirety, submitted by a Participating University, and is otherwise in compliance with these Official Rules. Each Eligible Entry will be evaluated and scored by a panel of judges chosen by Prize Provider (the “Judges”) based on the following: (i) quality and effectiveness of marketing of the Initial Screening (including, but not limited to, engagement, reach, attendance, and RSVPs), and (ii) creativeness of marketing plans for the promotion of the Prize. Prize Provider reserves the right to not award the Prize if, in its sole discretion, it does not receive any Eligible Entries. 8. How the winners will be determined. The winning Participating University will be determined by a combination of: (i) 20% for the Participating University with the most Votes from Eligible Participants; (ii) 40% for quality and effectiveness of the marketing of the Initial Screening as determined by the Judges; and (iii) 40% for creativeness of marketing plans for the promotion of the Prize, as determined by the Judges. In the event of a tie, an additional tie-breaking judge will determine the winner from among those tied using criterions (ii) and (iii). Judging scores will not be revealed. The decisions of the Recess, Prize Provider and Judges are final and binding. 9. Disqualification. If a Participating University or Participant is found to be ineligible, a voting form is not complete, or a Vote or Entry is found to be ineligible or otherwise does not comply with these Official Rules, then such Vote or Entry will be disqualified. If a prize notification is returned as undeliverable or unclaimed, this will result in disqualification. Without limiting any other remedies available to Recess in law or equity, Recess may also disqualify or prohibit an otherwise Eligible Participant from participating in the Contest or
a Participating University from winning the Prize if, at its sole discretion, it determines that a Participant or Participating University has violated these Official Rules or has threatened or is attempting to undermine the operation of the Contest by cheating, hacking, deception or other unfair or fraudulent playing practices. 10. Prize. No more than the advertised number of prizes shall be awarded. The Prize is subject to certain terms and conditions as specified herein. Prize details and availability are subject to change. The Prize will only be awarded if properly claimed according to these Official Rules. All costs and expenses related to the Prize acceptance, the Prize, and/or Prize use not specified herein as being provided are the sole responsibility of winner(s). Approximate retail value (“ARV”) of the Prize is an estimate, and subject to market conditions, which can fluctuate and any difference between actual market value and actual retail value will not be awarded. One (1) of the twenty Participating Universities (the “Winning University”) will be selected to win: 1. An advanced on campus screening of the Film (the “Film Screening”). The Film must be screened in DCP format with security for night vision. If for any reason the Winning University is unable to host the screening on campus, Prize Provider will provide an off-campus venue for the Film Screening (venue to be determined by Prize Supplier in its sole and absolute discretion) (ARV:$1500); and 2. A trip for four (4) people from the Winning University to the Los Angeles premiere of the Film, which shall include round-trip air transportation for four (4) people, four (4) hotel rooms for two (2) nights in the Los Angeles area (double occupancy), and four (4) $250.00 visa gift cards to be used to cover food, baggage, and other expenses (the “Premiere Trip”) (ARV: $6,600.00). The Winning University will be responsible for selecting the four (4) people who will be entitled to redeem the Premiere Trip (the “Traveling Winners”). 11. Notification of Winner. The potential winner will be selected, and an authorized representative of the potential winning Participating University will be notified on or around November 8, 2017 via email. Such individual will have twenty four (24) hours from the moment such notification is issued to respond to such notification by following the instructions provided therein. Such individual as well as the Traveling Winners designated by the authorized representative of the Winning University (each, a “potential winner”) will each be required to execute and return an affidavit of eligibility and liability/publicity release, which must be completed, signed and returned via email within twenty-four (24) hours of issuance. Additionally, Recess may require a potential winner to return a signed W-9 form. If the authorized representative of the Winning University does not reply to the notifications within the specified time frame, cannot accept the Prize for any reason or is otherwise not in compliance with these Official Rules, such Winning University may be disqualified in Recess’ sole discretion, in which case, the Prize will be forfeited, and an alternative Participating University will be selected in accordance with these Official Rules. If a potential Winning Traveler fails to return all required documents within the specified time period, is not in compliance with these Official Rules, or is unable to redeem the Prize for any reason, no substitute prize will be offered, remainder of Prize will be awarded and Contest Parties will have further obligation to the Winning Traveler or Winning University. 12. Delivery of Prize. The estimated date of the Film Screening is on or around December 1 – 8, 2017. The estimated date of the Premiere Trip is November 11-12, 2017. Both are subject to change.
13. Taxes and Expenses. Any valuation of the Prize stated above is based on available information provided to Recess, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The Winning University and the Traveling Winners are solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related fees, other costs or expenses related to Prize acceptance and use not specified herein, regardless of whether such Prize is used in whole or in part. The authorized representative of the Winning University must provide Recess with a valid taxpayer identification number before any Prize will be awarded. All costs and expenses associated with Prize acceptance and use not specifically included, including but not limited to all federal, state, local or other tax liabilities or other expenses related to the acceptance, use and/or redemption of the Prize, are the sole responsibility of the Winning University and the Traveling Winners. 14. Additional Prize Conditions. Contest Entities are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission of any third person with respect to the Prize. If the Winning University is unable to redeem their Prize, or any Eligible Participant is unable to attend the Film Screening or Premiere Trip, Recess and Prize Provider shall not be responsible for providing a replacement or substitute Prize. Prizes are not exchangeable, transferable or redeemable for cash and must be accepted as awarded. No substitution shall be permitted except at the sole discretion of Recess, who reserves the right to substitute a Prize with cash or another prize of comparable or greater value. If for any reason the Prize (or any portion thereof) is unavailable or any Prize or related event is delayed, cancelled or postponed, or for any other reason, Recess and Prize Provider reserve the right to modify the Contest in its sole discretion and award a substitute Prize, or portion of a Prize, of comparable or greater value as set forth in these Rules. Recess and Prize Provider shall have no responsibility or obligation to a Participating University or Eligible Participant who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. Gift cards are subject to the terms and conditions of the issuer, including without limitation, expiration dates. By participating in this Contest, Participating Universities and Eligible Participants understand and agree that they may be subject to any additional policies, terms and conditions placed on the Contest by the Prize Provider. The Prize Provider is solely responsible for any Prize provided and you acknowledge that Recess has no obligation whatsoever with respect to such Prize. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. Recess and Prize Provider are not responsible for the selection of the Traveling Winners, or for verifying their eligibility and availability to travel. ALL PRIZES ARE AWARDED “AS IS” AND THE CONTEST ENTITIES DO NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. All Traveling Winners must be 18 years of age or older, and may be required to sign a release prior to traveling as a condition of redeeming the Premiere Trip. All travel arrangements must be made through Prize Provider. The trip portion of the Prize will consist of economy-class air transportation from a major airport that is the closest to the Traveling Winner’s residence to a Los Angeles area airport; and standard, double occupancy, hotel accommodations for two (2) nights in the Los Angeles area at a hotel chosen by Prize Provider’s discretion. Traveling Winner’s are responsible for all other transport from his or her home to and from the airport, and travel to the hotel in Los Angeles, and any other incidentals or expenses. Once trip dates have been booked, no
change, extension or substitution of trip dates is permitted, except at Prize Provider's sole discretion. Any additional costs incurred from such a change, extension or substitution will be Traveling Winner’s sole responsibility. No extension or change of trip dates permitted. Recess and Prize Provider will not replace any lost or stolen tickets, travel vouchers, certificates or similar items once they are in winner's possession, or in the possession. If a Traveling Winner lives within 100 miles of prize destination city, the air transportation portion of the prize will not be awarded and ground transportation will be substituted and no additional compensation will be provided. The Traveling Winner’s are solely responsible for obtaining all necessary and required travel documents (passport, etc.) in order to travel. Recess and Prize Provider shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Recess and Prize Provider shall not be liable for any loss or damage to baggage, or any other damages or injuries (including death) incurred in connection with redemption of a Prize. By participating in Contest, each Traveling Winner acknowledges that Recess and Prize Provider have not and will not obtain or provide insurance of any kind relating to the Prize and that each Traveling Winner will be responsible for obtaining and paying for any form of insurance relating to the Prize that each Traveling Winner deems appropriate. 15. General Conditions. Released Parties (as defined below) are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, undelivered or garbled Votes, Entries, or for human, mechanical, electronic, network, or typographical errors otherwise relating to or in connection with the Contest. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by tampering, hacking or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to Participating University’s or Eligible Participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who are in violation of these Official Rules, as solely determined by Recess, will be disqualified and all associated Entries/Votes will be void. ANY ATTEMPT DELIBERATELY TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, RECESS RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 16. Governing Law/Disputes. The Contest and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California applicable to contracts made and performed entirely in California and where the relevant contacts are with such state. As a condition of participating in this Contest, each Eligible Participant and Participating University agrees that any and all disputes, claims and causes of action arising out of or connected with this Contest or the Prize awarded shall be resolved individually, without resort to any form of class action and exclusively by the appropriate Federal or state courts located in the Los Angeles, California area. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will an individual be able to obtain attorneys’ fees or other legal costs. Eligible Participants and Participating Universities waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and participants further waive all rights to have damages multiplied or increased.
17. Privacy and Data Collection. Voting in the Contest constitutes consent to the transfer of the personal information collected from the Eligible Participant to Recess and/or the Prize Provider for the purposes of administering the Contest and for such other purposes to which Eligible Participant may consent as outlined herein or on the Recess website. All information submitted to Recess as part of this Contest will be treated in accordance with Recess’ privacy policy (“Privacy Policy”) located here https://www.recess.is/privacypolicy. By entering the Contest, you agree that Recess may collect information that you provide to enter the Contest and will use personal information you provide to enter the Contest to actually conduct the Contest. Recess may provide the personal information you provide to enter this Contest to the Prize Provider and/or other third party fulfillment companies only to administer the Contest and deliver Prize to winner. The Prize Provider may also use your personal information to contact you. 18. Publicity Grant. The Winning University and the Traveling Winners, by acceptance of a Prize (except where prohibited), grant permission for Recess and Prize Provider and their designees to use their trademarks, trademarks, name, biographical information, image and prize information (as applicable) as part of the winner’s list (described below), and for advertising, trade and promotional purposes, in any manner, without further compensation, in any and all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval, unless otherwise prohibited by law. 19. Termination or Modification of the Contest. If for any reason this Contest (or any portion thereof) is not capable of running as planned, including without limitation, technical reasons and/or other reasons which corrupt or affect the administration, security, fairness, or fulfillment of the Contest, Recess reserves the right to terminate, modify or suspend the Contest. Recess may, in their sole discretion, elect to select the winner as otherwise deemed fair and appropriate by Recess. 20. LIMITATION OF LIABILITY. The Contest Entities, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, agents, employees and representatives (collectively, the “Released Parties”) are not responsible or liable for illegible, lost, late, incomplete, misdirected, or undeliverable entry or email; or for any human error, computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of entry information, or the failure to capture, or loss of, any such information. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error or for any inability to access the website, transactions that are processed late or incorrectly or lost due to computer malfunction or traffic congestion. Participating Universities and Eligible Participants, by participating, agree and hereby release the Released Parties from any liability whatsoever for, and hold the Released Parties harmless from and against all claims and damages or liability arising in connection with their participation and/or entry in the Contest and/or their receipt or use of any Prize awarded in this Contest or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize (including any travel or activity-related thereto) or participation in any Contest-related activity or participation in this Contest.
CALIFORNIA RESIDENTS: You understand that the foregoing release covers all claims or possible claims of every nature and kind and all rights under Section 1542 of the Civil Code of California. 21. BINDING NATURE, WAIVER, INDEMNIFICATION. By participating in the Contest, you agree: (a) to be bound by these Official Rules, our Privacy Policy, and our website terms of service located at www.recess.is/giveaway/the-disaster-artist and by all applicable laws and decisions of Recess, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Official Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against the Released Parties in connection with the Contest; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (i) the Contest and your participation and/or entry in the Contest, (ii) typographical or printing errors in these Official Rules or the Contest materials, (iii) any change in any Prize (or any components thereof) due to unavailability, or due to reasons beyond Released Parties’ control, (iv) any interruptions in or postponement, cancellation, or modification of any Prize, (v) human error, (vi) incorrect or inaccurate transcription, receipt or transmission of any registration information, (vii) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by you, (viii) interruption or inability to access any online service via the Internet due to hardware or software compatibility problems, (ix) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged registration information Entries, or Votes or email or mail, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (xii) lost, late, stolen, misdirected, damaged or destroyed Prizes (or any element thereof), or (xiii) the negligence or willful misconduct by you. 22. Winner’s Name. For the name of the Winning University will be posted on www.recess.is/giveaway/the-disaster-artist. To obtain the name of the Winning University, please send an email to [email protected] with “Recess Film Screening Contest Winner’s Name” as the subject line. Winner’s Name requests will only be available after the Contest has ended and request must be received no later than sixty (60) days from the end date. Winner’s Name will be sent after selection and verification of winner. 23. Copy of the Rules. To obtain a copy of these Official Rules, please send a separate, self addressed and stamped envelope to the address below with a request. RECESS Digital Inc 1336 Electric Ave Los Angeles CA, 90291 Copyright, Recess DIGITAL, INC. 2017. All Rights Reserved. END OF OFFICIAL RULES
