Life of the Party Premiere Promotion
BY PARTICIPATING IN THE PROMOTION, PARTICIPANTS AGREE TO THESE PARTICIPATION TERMS (THE "TERMS"), WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY.
1. Eligibility. The Life of the Party Premiere Promotion (the "Promotion") is open only to individuals who are at least eighteen (18) years of age who are willing to nominate an accredited college/university that is physically located in the United States.
2. Key Promotion Dates. There are a series of related deadlines and events for the Promotion which start and end on or about the dates noted below:
All dates are subject to change/extension, in Sponsor’s (defined below) sole and absolute discretion.
3. How to Participate. To participate the Promotion, during the Submission Period, you may visit the Promotion website at www.lifeofthepartypremiere.com (the "Site") to find a description of the Promotion and the official Promotion submission form. Participants must follow the official “Life of the Party” Twitter and Instagram accounts during the entirety of the Promotion. Participants will be required to post a photograph (the "Submission") showcasing his/her best school spirit on Facebook, Twitter or Instagram that is publicly viewable on the social media platform posted using the hashtag #LifeOfThePartyPremiere. After your Submission has been posted publicly on a social platform, visit the Site and fill out and submit the Submission form prior to the conclusion of the Submission Period with your full name, the name of the college/university (i.e., school) you are nominating, your email address, your social handle(s) and a link to and/or upload of your Submission. Upon submission of your submission form on the Site, you acknowledge that you are simply nominating the specific city in which your college/university is located in to potentially host the premiere of the film “Life of the Party” (the "Film")”). Participant must complete and submit the submission form with all required information for the submission form to be eligible to be considered by the Judges (defined below). Submissions must comply with the Submission Guidelines (defined below). The submission of any Submission by a participant to the Promotion will not entitle the participant with a right to receive any tickets to attend the Film premiere if the participant’s school is ultimately selected as the winner in the Promotion and no prize or other consideration will be awarded to participant if a participant’s school/city is ultimately selected to host the premiere. There is a limit of one (1) Submission on the Site per person for this phase of the Promotion.
4. License to Use Submissions. Participants, upon submission of their Submission to the Promotion, irrevocably grant to Sponsor (defined below), and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submissions, and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to participants or any third party. Without limiting the forgoing, Sponsor will have the right to use the Submissions submitted as part of the Promotion, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Participants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with Submissions submitted as part of the Promotion. Participants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission. Participants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the Submissions submitted.
Each participant acknowledges that Submissions are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each participant acknowledges that Sponsor and other participants may have created ideas and concepts contained in their Submissions that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Promotion Entities because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate participants for their Submissions and there is no obligation for Sponsor to pay or otherwise compensate participants for any of their ideas or materials in any communications with Sponsor, whatsoever. Submissions are not confidential and the Sponsor’s only obligations to participants regarding Submissions are as specifically set forth in these Official Rules. Sponsor reserves the right to request from participant at any time proof that participant maintains all necessary rights in their Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the participant being disqualified from the Promotion.
5. Submission Guidelines. Submissions that do not meet the following "Submission Guidelines" are subject to disqualification, at Sponsor’s sole and absolute discretion, so read and follow these Content Guidelines:
6. Determining the University Finalists. During the Submission Judging Period, each Submission will be reviewed by a team of judges (the "Judges") assembled by Sponsor, who will review and judge all eligible Submissions based on the following judging criteria (collectively, the "Judging Criteria"): 50% originality; 50% creativity. Based on the total score the Judges assign to each Submission using the Judging Criteria, up to twenty-five (25) universities nominated in the selected participant’s Submission will be ultimately selected as “finalists” by the Judges. The finalists will be announced on or about March 23, 2018 on the Site and through posts on the official “Life of the Party” social media accounts.
8. Premiere. The winning school will be entitled to have the premiere of the Film hosted at a theater near the winning school’s location at a time, date and location to be determined by Sponsor in its sole and absolute discretion. Tickets to attend the premiere will be available on a first-come, first-served basis and distributed by Sponsor in its sole and absolute discretion. Address of screening/premiere theatre will be provided by the Sponsor a reasonable time prior to the screening/premiere. Individuals are advised to arrive at least two (2) hours prior to screening/premiere start time. The tickets to the screening/premiere are subject to the following limitations and restrictions: (i) Theater will be overbooked to ensure a full house; (ii) Not all ticket holders will be admitted; (iii) Seating is on a first-come, first-served basis; and (iv) No one will be admitted without a ticket or after the screening/premiere begins. If, for whatever reason, the screening/premiere of the Film is cancelled or rescheduled after the tickets are ticketed, no compensation will be paid in lieu of any cancelled or rescheduled showing of the Film. No responsibility is assumed by Sponsor if screening/premiere is cancelled, rescheduled, delayed or postponed, in whole or in part. Unused tickets cannot be refunded or exchanged. Sponsor reserves the right to change the premiere to a screening of the Film in its sole and absolute discretion.
9. Publicity Release. Subject to applicable law, participants irrevocably grant Sponsor, its parent company and each of their licensees, and its and their successors, assigns and sub-licensees, the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Promotion, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration.
10. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Promotion by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Promotion or the screening/premiere. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Promotion should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Promotion; or (b) to disqualify any participant or school found to be, or suspected of: (i) tampering with the entry process or the operation of the Promotion; (ii) acting in violation of these Terms; or (iii) acting in an un-sportsmanlike manner.
11. Release. By participating in the Promotion, participant agrees to release, discharge, indemnify and hold harmless Warner Bros. Entertainment Inc. ("Sponsor"), TBD Marketing Group, LLC ("Administrator"), Facebook, Instagram, Twitter, each of their respective parent companies, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors, directors, officers, employees, agents, successors and assigns (collectively, "Released Parties"), from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) participants’ participation in the Promotion (including travel to/from any Promotion activity); (ii) any breach or alleged breach of these Terms; (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Promotion activity. By participating in the Promotion, each participant unconditionally accepts and agrees to comply with and abide by these Terms and the decisions of Sponsor, including the interpretation of these Terms and its exercise of discretion, which will be final and binding in all respects.
13. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of participants, Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE PROMOTION, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (C) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
14. Dispute Resolution. The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles, California. The federal or state law that applies to these Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of participant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
Life of the Party © 2018 Warner Bros. Entertainment Inc. All Rights Reserved.