Rules and Guidelines
JANUARY 1, 2015
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST. A PURCHASE OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THIS IS A SKILL-BASED CONTEST. VOID WHERE PROHIBITED BY LAW. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED.
AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED OF FINALISTS. SPONSOR AND PRIZE PROVIDER OBTAIN RIGHTS WITH RESPECT TO ALL CONTENT SUBMITTED AS PART OF THE CONTEST.
BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH CREATE A BINDING CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU, A CLASS ACTION WAIVER, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- Eligibility. The Living with Alzheimer’s Film Competition (the “Contest”) is open only to individuals who are at least the age of thirteen (13) at the time of entry. Employees, officers and directors of Cure Alzheimer’s Fund (“Sponsor”, “us” or “we”), MetLife (“Prize Provider”), their parent companies, and each of their respective affiliates, subsidiaries, advertising and promotion agencies (collectively, the “Contest Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) are not eligible to enter the Contest or win a prize. For purposes of this Contest, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void where prohibited by law. Individuals younger than the age of majority in the state where they reside must provide a parental consent in the form provided by sponsor (“Parental Consent Form”). By entering or participating in the Contest, Entrants agree to be bound by these “Official Rules” and the decisions of the Judges (defined below) and/or Sponsor, which are binding and final on matters relating to this Contest, including, without limitation, interpretation of the Official Rules. Additionally, subject to applicable law, Sponsor and/or Prize Provider, in their sole and absolute discretion, may conduct background checks on potential Finalists (defined below) and the Winner (defined below), as a condition to receipt of any prize. Each potential Finalist/Winner may be required to first submit to such background check and cooperate with Sponsor and/or Prize Provider in any reasonable way that Sponsor and/or Prize Provider requests in order to be eligible to receive a prize. Sponsor and/or Prize Provider reserves the right, in their sole and absolute discretion, to disqualify any Finalist/Winner based on such background check if Sponsor and/or Prize Provider determine, in their sole and absolute discretion, that awarding the prize to such Finalist/Winner might reflect negatively on Sponsor and/or Prize Provider.
- Entry Period. The Contest begins on or about January 1, 2015 and all entries must be received by the Sponsor on or before 11:59 p.m. Eastern Time on September 1, 2015 (the “Entry Period”), subject to extension at the Sponsor’s sole and absolute discretion.
How to Enter. To enter the Contest, during the Entry Period, you may visit the Contest website at livingwithalz.org (the “Contest Website”). The Contest Website will contain a description of the Contest and the official entry form. Each Entrant (defined below) will be asked to complete and submit an official entry form, which may include, among other things, his/her full name, email address, project title, a one or two sentence description of the project and related registration information as prompted. Additionally, individuals must upload and submit through the entry form an Eligible Film. An Eligible Film must: (i) have a connection to Alzheimer’s-related dementia, (ii) be submitted in a video format compatible with Vimeo and YouTube, (iii) be in English or have English subtitles, and (iv) be eligible to receive a G, PG or PG-13 rating according to the ratings guidelines established by the Motion Picture Association of America (See http://www.mpaa.org/film-ratings/ for details). “Entrants” to the Contest may be comprised of one (1) or two (2) individuals who can submit a Submission in accordance with these Official Rules. However, if two (2) individuals enter the Contest as a team, each team will need to designate one (1) individual who will be the designated entrant for purposes of submitting the Submission on the Contest Website; provided, however, any disputes with respect to contributions of individuals with respect to any Submission will disqualify all such individuals and the disputed Submission from further participation in the Contest. All materials need to be submitted via the entry form and in no other manner.
Limit of one (1) entry per person/team for the Contest. A Submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Contest Website and elsewhere in these Official Rules. All eligible Submissions to the Contest accompanied by a fully completed entry form will be an entry in the Contest. For purposes of this Contest, an online entry is “received” when the Contest Website’s servers record the entry information and submission. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Contest. The database clock of Sponsor’s Contest Website will be the official timekeeper for the Contest. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All entries become the physical property of Sponsor and will not be acknowledged or returned. Assurance of delivery of entries is the sole responsibility of the Entrant.
In the event of a dispute as to the identity of any Entrant who submits an entry, the entry will be deemed submitted by the holder of the e-mail or other account (e.g., Facebook) from which it was sent but only if such person is otherwise eligible. The “account holder” is the person assigned an e-mail address or username by the entity responsible for assigning it (e.g., Yahoo). Finalists (defined below) may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries.
- Submission Content Guidelines. Submissions that do not meet the following “Content Guidelines” are subject to disqualification, each at Sponsor’s sole and absolute discretion, so read and follow these Content Guidelines:
- Submissions must have a clear connection to Alzheimer’s-related dementia.
- Submissions must be in the English language or have English subtitles.
- Submissions must be submitted in a video format readily compatible with Vimeo and YouTube.
- Submissions must be eligible to receive a G, PG or PG-13 rating according to the ratings guidelines established by the Motion Picture Association of America (See http://www.mpaa.org/film-ratings/ for details).
- Submissions must have a total length of between 30 seconds and 30 minutes.
- Submissions must comply with these Official Rules and meet all specifications or requirements called for on the Contest Website and other advertising for the Contest.
- During the Entry Period, you must maintain sufficient rights, without conflicting third party obligations, to transfer such rights in and to your Submission as specified herein if you are selected as a Finalist.
- Except for materials that are in the public domain, each Submission, in its entirety, must be a single work of original material created by the Entrant, or for which Entrant has all rights required to comply with these Official Rules.
- Except for materials in the public domain, Submissions must include only materials created by the Entrant, or for which Entrant has all rights required to comply with these Official Rules, and must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials that infringe third party rights is grounds for disqualification from the Contest and may subject you to liability. Do not copy another movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Submission and grant the rights herein granted to Sponsor. Entries that contain brand names, trademarks or company logos are subject to disqualification.
- Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Contest Website such as through the inclusion of viruses, Trojan horses or other technologies that could adversely impact the Contest, and/or (f) is disparaging to Sponsor or Prize Provider or is inconsistent with the positive images and/or goodwill to which Sponsor and Prize Provider wish to associate (at Sponsor’s sole and absolute discretion). As a matter of clarity, the Contest does not have an absolute standard against nudity or vulgarity. But we will not accept films that contain gratuitous nudity or vulgarity, or which seem more interested in shock value than in conveying some truth about dementia.
- Entrants must not submit a Submission that if selected cannot be assigned to Sponsor as contemplated below.
- Intellectual Property. Entrants, upon submission of their Submission to the Contest, irrevocably grant to Sponsor and Prize Provider, and each of their licensees, successors and assignees, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submission. Except for the license provided in the previous sentence, Entrants retain all rights in, and ownership of, their Submission; provided, however, Entrant acknowledges that the Submission may be similar to other works developed by others, including Sponsor and Prize Provider, and irrevocably agrees that such parties shall be free to create and exploit similar works without obligation to Entrant so long as such does not infringe Entrant’s copyright rights. Entrants agree not to issue any publicity concerning Sponsor or Prize Provider. Entrants agree that neither Sponsor nor Prize Provider shall be responsible for return or preservation of the Submissions submitted.
Each Entrant acknowledges that Submissions are not being submitted in confidence or in trust to Sponsor and Prize Provider and that no confidential or fiduciary relationship is intended or created. Each Entrant acknowledges that Sponsor, Prize Provider and other Entrants 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 Contest 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 Entrants for their Submissions and there is no obligation for any Contest Entity to pay or otherwise compensate Entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Submissions are not confidential and the Contest Entities’ only obligations to Entrants regarding Submissions are as specifically set forth in these Official Rules. The decisions of the Sponsor and Prize Provider are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Sponsor and Prize Provider reserve the right to request from Entrant at any time proof that Entrant maintains all necessary rights in his/her Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor and Prize Provider. Failure to provide such proof may lead to, among other things, the Entrant being disqualified from the Contest.
- Representations, Warranties and Indemnity. By entering the Contest, each Entrant represents and warrants that he or she has read, understands, agrees to and will follow the Official Rules. If Entrant is the representative of a team, he or she represents that he or she has the irrevocable and express written authority of his/her teammate to enter on his or her teammate’s behalf and agrees that all references to Entrant shall mean the team jointly. Entrants further represent and warrant that their Submission and all materials and matter therein: (a) (except for elements that are within the public domain) are wholly original with such Entrant and are not a copy or imitation of any other material or Entrant has all necessary rights to grant the Sponsor and Prize Provider the rights granted hereunder and exercise such without obligation or liability to any third party; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and that he or she has complied and has obtained all permissions, licenses and consents that are necessary for the submission of the Submission and the use of the Submission and to verify compliance with the foregoing requirements. Each Entrant agrees to provide to Sponsor and Prize Provider at either of their request copies of all such permissions, licenses and consents. Sponsor and Prize Provider reserve the right, in their sole and absolute discretion, to disqualify any Submission that Sponsor or Prize Provider determines does not comply with these Official Rules, to make such changes to any Submission as are necessary to make it compliant, or to require the Entrant to do so. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise encumbered his/her Submission, or any images, text and materials depicted therein, to any other third party. Further, each Entrant represents and warrants that Sponsor’s and Prize Provider’s use of any Submission, including any images, text and materials depicted therein, shall not violate an agreement to which such Entrant has signed. Entrants agree to indemnify and hold the Released Parties (defined below) harmless from and against any third party claim, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules or Contest activities.
- Determining the Winners. Between September 1, 2015 and December 1, 2015, unless such period is changed or otherwise extended by Sponsor, in its sole and absolute discretion, each Submission will be reviewed by a team of judges (the “Judges”) assembled by Sponsor and Prize Provider, in their sole and absolute discretion, who will review and judge all eligible Submissions based on the following judging criteria (collectively, the “Finalist Judging Criteria”):
- Story merits
- Technical achievement
- Effectiveness of conveying the urgent challenges of dementia
Based on the total score the Judges assign to each Submission using the Finalist Judging Criteria, in their sole and absolute discretion, four (4) winners will be chosen. If there is a tie after the Judges apply the Finalist Judging Criteria, Sponsor will bring in a tie breaking Judge to apply the same Finalist Judging Criteria to break the tie and determine the winners.
- Prize. One (1) grand prize winner will receive a check in the amount of five thousand dollars ($5,000.00). Two (2) runners up will each receive a check in the amount of one thousand dollars ($1,000.00). One (1) additional prize will be awarded to the best film by a filmmaker aged 25 or younger as of the date of submission; provided that to qualify for this prize, all directors and producers of a Submission must be aged 25 or younger as of the date of submission. The Sponsor reserves the sole right to combine any of these prizes if circumstances warrant.
- Winner Notification. The Winners will be notified by e-mail and/or other method (as selected by Sponsor) on or about December 1, 2015, unless altered by Sponsor, in its sole and absolute discretion. The potential Winner may be required to execute and return to Sponsor any additional documents requested within seven (7) days of date of issuance. Non-compliance shall result in disqualification and award of the prize to an alternate winner. Pre-acceptance of the agreements related thereto are a condition of becoming a Winner. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or purports to decline the prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential winner may be selected. In addition, Sponsor and Prize Provider reserve the right, in their sole and absolute discretion, to exercise the Sponsor Option or the Prize Provider Option on one or more of the other Finalists during the option periods described in Section xx above and award the same prize to the other Finalists as was awarded to the Winner.
- Terms Applicable to All Prizes. Prize(s) are non-transferable, with no cash redemptions, equivalents or substitutions, except at Sponsor’s sole and absolute discretion. To the extent any Finalist or Winner consists of a team of two (2) people, Sponsor shall have the sole discretion to divide the prize amongst the individuals that make up the team in Sponsor’s and Prize Provider’s sole and absolute discretion. Otherwise, the team shall be permitted to divide any prize in any manner in its sole and absolute discretion and Sponsor and Prize Provider will have no obligation to get involved in any disputes in connection with division of any prize and may withhold awarding prize amounts until team members resolve the dispute amongst themselves. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and Prize Provider’s rules and restrictions, and in the event that Sponsor is unable to provide a Finalist or the Winner with their prize(s), the Sponsor may elect, to provide such individual with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a Finalist/Winner engages in behavior that (as determined by Sponsor or Prize Provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor and Prize Provider reserve the right to terminate the right to receive a prize, including ending their participation in the Contest early. Finalists and the Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether they, in whole or in part, are used. The Finalists/Winner may be required to provide Sponsor and Prize Provider with a valid social security number or tax identification number before the prize(s) will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Finalists/Winner for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited.
- General Conditions. Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Contest Website users, 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 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 Contest Website. Persons who tamper with or abuse any aspect of the Contest or Contest Website or who are in violation of these Official Rules, as solely determined by Sponsor, may be disqualified and all associated entries voided, all in Sponsor’s sole judgment. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Contest be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential Winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s e-mail or other account to receive messages. CAUTION: ANY ATTEMPT TO DAMAGE THE CONTEST WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR MAY DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- Release. By participating in the Contest, Entrants agree to release, discharge and hold harmless the Contest Entities, and each of their respective directors, officers, employees, agents, successors and assignees (“Released Parties”), from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Entrants’ participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Without limiting the generality of the foregoing Entrants agree that Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prize(s), including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prize(s) provided in connection with the Contest; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Each Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- Publicity Release. Subject to applicable law, Finalists irrevocably grant the Released Parties and each of their licensees, and its and their successors, assignees 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 Contest and the Films, in all forms of media and by any and all means and media (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 except for the awarding of the prizes to the Finalists.
- Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Contest 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 Contest 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 Contest and the Released Parties shall have no obligations hereunder. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any Entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor, or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, 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.
BY ENTERING THE CONTEST, ENTRANT 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 CONTEST, OR ANY PRIZE AWARDED, 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; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- Disputes. Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Federal or State courts located in Boston, Massachusetts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the entrant and the Sponsors in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.
- No Obligation to Use. Neither Sponsor nor Prize Provider shall have any obligation (express or implied) to use any or to otherwise exploit any Submission or Film or, if commenced, to continue the distribution or exploitation thereof, and Sponsor and/or Prize Provider may at any time abandon the use of the Submission or Film for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
- Dates & Deadlines/Anticipated Number of Contestants. Because of the unique nature and scope of the Contest, Sponsor, in its sole and absolute discretion, reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
- Further Documentation. If Sponsor shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Entrant agrees to sign the same upon Sponsor’s request therefor.
- List of Contest Finalists/Winner / Official Rules Requests. To receive any legally required list of the Finalists/Winner, send a stamped self-addressed envelope, prior to January 1, 2016, to: “Living with Alzheimer’s Film Competition Winners List”, Cure Alzheimer’s Fund, Attn: Madeleine Adelson, 34 Washington St., Suite 200, Wellesley Hills, MA 02481. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to “Living with Alzheimer’s Film Competition Official Rules List”, Cure Alzheimer’s Fund, Attn: Madeleine Adelson, 34 Washington St., Suite 200, Wellesley Hills, MA 02481, prior to the end of the Entry Period. Vermont residents may omit return postage with Official Rules requests.
- Identification of Sponsor. This Contest is sponsored by The Living With Alzheimer’s Project of Cure Alzheimer’s Fund. Prizes have been provided by MetLife. 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.
- Information Submitted. As a condition of entering the Contest, each Entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest, publicity, and to comply with applicable laws, regulations and rules. Any information Entrants provide to Sponsor may be used to communicate with Entrant in relation to this Contest or on a Contest Winner’s list.