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CONTEST OFFICIAL RULES (“Official Rules”) for ¡Tu Cuentas! Online Film Festival Contest (“Contest”)
Participants should read and understand all parts of this document and the conditions and rules described before submitting their data and content and participating in this Contest. Review and acceptance of these Official Rules is a condition for participation.
THIS IS A TRADE PROMOTION CONTEST. DEPENDING ON YOUR JURISDICTION/STATE OF RESIDENCE, A PURCHASE OR PAYMENT MAY NOT BE NECESSARY TO ENTER OR WIN. The Contest is void where prohibited or restricted by applicable law, and all applicable federal, state and local laws and regulations apply. Winners are responsible for any taxes, customs, duties, and fee amounts in connection with the Prizes (defined below).
- Sponsor. The Contest is organized by Hispanic Information and Telecommunications Network, Inc. located at 63 Flushing Avenue, Building #292, Suite #211. Brooklyn, NY 11205-1078 (hereinafter the “Sponsor”).
- Eligibility and Geographical Validity. Eligibility for Contest participation or to win any of the Prizes is limited to individuals sixteen (16) years of age or older at the beginning of the Contest Period (as defined below) and legal residents of the 50 United States, Washington D.C. or Puerto Rico. This promotion is not open to residents of any other territory of the United States (other than Puerto Rico) and is not valid where prohibited by law. If at the start of the Contest Period you are under the age of eighteen (18) years or the age of majority in your jurisdiction or state of primary residence (a “Minor”), you must have permission to enter the Contest from your parent or legal guardian (a “Parent”) prior to entering the Contest to be eligible. All legal responsibilities of a Minor under the Official Rules will be assumed by his/her Parent, and a Minor winner’s prize will be awarded in the name of the Parent for the benefit of the Minor. In the event a potential prize winner is a Minor, the Minor’s Parent may be required to sign and return an Affidavit of Eligibility and Release on behalf of themselves and/or the Minor, and any other legal documents that Sponsor may require, including documentation to have an agreement affirmed by a Surrogate’s Court. To be eligible to win the Student Prize (defined below), you must be enrolled in high school or enrolled as full-time undergraduate student at a community college or four-year college or university (a “Student”). If you enter the Contest as a Student, you are eligible to win only the Student Prize.
There is not a limit on the number of registrations per person, but each registration is subject to the participant submitting the appropriate Entry Fee (defined below) when applicable. Entries or responses generated by a server script, macro, or any other automated means will be void. Participants who do not abide by these Official Rules will not be eligible to participate or win. Directors, executives, employees, contractors or agents (and their immediate families, relatives and household members) of the Sponsor, their parents, affiliates, branches, advertising and promotion agencies or any other company involved in the Contest will not be eligible. The determination of a participant’s eligibility at the discretion of the Sponsor will be final. In the event of a dispute regarding the identity of the person submitting an Entry (defined below), the Entry will be deemed to be submitted by the natural person who is the “authorized account holder” assigned to the e-mail account, as determined by Sponsor. If the identity of the person submitting an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible.
- Duration of the Contest. The registration and submission site for the Contest is available at https://cineyouthfestival.com (the “Contest Website”) starting on February 10, 2020 at 12:00 a.m. Eastern Time (ET) and ending on April 5, 2020 at 11:59 p.m. ET (the “Contest Period”). Participants must register for the Contest via the Contest Website during the Contest Period. Sponsor is the official timekeeper for the Contest.
- How To Enter/Contest Mechanics. Individuals who meet the eligibility conditions outlined within these Official Rules, and who wish to enter the Contest by submitting a film in accordance with the requirements set forth herein (a “Film”), must complete the following steps and fill out all required fields as follows:
(i) during the Contest Period, visit the Contest Website and follow the on-screen instructions to register for the Contest, including, but not limited to, (a) completing all required fields in the entry form, including providing your Film title and your complete contact information in the online registration form (the “Registration Form”); (b) successfully uploading your Film for consideration in the Contest (subject to the “Film Requirements”); and (c) when required, making a non-refundable entry fee based on the chart below (an “Entry Fee”) by following the on-screen payment instructions:
|Entry Fees Per Film (USD $)|
|Entry Period Window||Timeframe||Short Film
(films with a runtime between 1-30 minutes max.)
|Standard Entry||February 24, 2020 to
March 15, 2020
|Late Entry||March 16, 2020
April 5, 2020
(Residents of the States of Arizona, California, Colorado, Connecticut, Florida, Georgia, Illinois, Maryland, Nebraska, New Mexico, North Dakota and Vermont may omit submitting an Entry Fee.) There will be no refunds of any Entry Fees, regardless of whether a Film is selected or not, except in Sponsor’s sole discretion.
If you are a Student submitting a Film for consideration in this Contest (a “Student Film”), you must follow the on-screen instructions to submit a photocopy of a current, valid student ID or a letter from an accredited, eligible school confirming that you are enrolled in high school or enrolled as full-time undergraduate student at a community college or four-year college or university, as determined in Sponsor’s sole discretion.
- If you are an eligible entrant (not exempt and not a Student) submitting your Short Film on February 10, 2020 (i.e. during the Regular Entry window), you must pay a $20.00 Entry Fee.
- If you are an eligible Student (not exempt) entrant submitting your Student Film on April 5, 2020 (i.e. during the Late Entry window), you must pay a $15.00 USD Entry Fee.
- If you are an eligible entrant (not exempt and not a Student) submitting your Short Film on April 5, 2020 (during the Late Entry window), you must pay a $25.00 Entry Fee.
(ii) All entries to participate in the Contest must be sent and received during the Contest Period in accordance with the terms and conditions established in these Official Rules.
(iii) Select the field indicating whether you accept to receive promotional information from the Sponsor.
(iv) Read the Official Rules and select the field where the participant acknowledges that he/she read and accepted these Official Rules.
(v) Once the steps described above have been completed, click on the “Submit” button and you will automatically be enrolled in the Contest (subject to your eligibility).
(vi) Once enrolled in the Contest, a new screen will be displayed notifying you that your Film has been registered. Any participant who uses other methods of entering the Contest (e.g., by means of emails or attachments) will be disqualified and their data removed from the Contest database.
(vii) Eligible participants who complete the Registration Form and successfully submit an eligible Film and applicable Entry Fee during the Contest Period are registered contestants (“Registered Contestants”) and have an opportunity as candidates to be chosen to win one of the Prizes (defined below).
The successful submission of a Film by following the instructions provided herein by a Registered Contestant shall constitute an “Entry”. Sponsor has the sole discretion to determine whether the submission of the Film qualifies as an Entry.
You may register for this Contest more than once by following each of the above steps for each Film, including registering each Film and paying the applicable Entry Fee for each Film.
- Entry Requirements:
Film Requirements: A Film must be submitted to Sponsor in one of the following formats: .mov, .mp4, or .m4v. There is an upload size limitation of 100MB per Film (only one Film upload permitted per Entry). A Film must be between one minute and 30 minutes in total run time to be eligible for consideration in the Contest. A film with a runtime between one and thirty minutes shall be considered a “Short Film”. Each Film must (1) reflect the “Past Meets Present and Moves Forward” theme (the “Theme”); (b) be related to any of the following subject matters: technology, arts & culture, environment, education or social empowerment (the “Subject Matter”); and (c) be in either Spanish or English.
By entering, you understand and agree that your Film and Entry may (in Sponsor’s sole discretion) be featured in theaters, at film festivals (including the Festival), and on Sponsor’s website, social media page(s) or other Sponsor-selected sites, and you agree to any and all such uses and to waive any right to object thereto. By entering, you also agree that Sponsor shall have the right to use and display, in its sole discretion, your Film without any compensation to you, and you hereby agree to execute any license and/or other documentation necessary for Sponsor to freely use, display, modify or license your Film. In the event a Film or Entry submitted by a Minor is selected to be featured in theaters, at film festivals, on Sponsor’s website, social media page(s) or other Sponsor-selected sites, or otherwise selected to be used, displayed, modified or licensed by Sponsor, Sponsor may require the Minor’s Parent to complete a release of liability, license, and/or other documentation to permit Sponsor’s use of the Film, and you and your Parent agree to timely cooperate with Sponsor and to participate in obtaining judicial approval, at Sponsor’s cost, of any and all agreements that Sponsor requests to allow Sponsor to freely use and display your Film (and to prevent Minor from disavowing any agreements based on his or her minority), including, inter alia, through a verified petition to the courts in New York County, New York, for an order seeking judicial approval of any agreements with a Minor. Minor’s Parent agrees that it will timely execute such documentation that Sponsor requests, including, but not limited to, written acquiescence and consent to any agreement for Sponsor to freely use, produce and sell the Minor’s Film. Entrants must comply with registration instructions when submitting their Entry.
The Film must be an original creation. The Film and Entry, or any portion thereof, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion. Entries must be in keeping with Sponsor’s image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. Entrants may not copy or otherwise plagiarize the Film or the Entry from any source. All Films and Entries must be the sole, original work of the Entrants. Any Film or Entry, or any portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, inappropriate, disparaging, offensive or contains proprietary right of any person living or deceased (including, but not limited to, rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the Entrant. Films and Entries should not contain any third party materials, or otherwise violate or infringe (or possibly infringe) any copyright, trademark, logo, or mark that identifies a brand, unless Entrant has received express written approval to do so from the third party and to grant such approval to Sponsor. Sponsor may edit, delete, cut, blur or black out any potentially infringing or objectionable material, in its sole discretion, for consideration to be featured in theaters, at film festivals, on Sponsor’s website, social media page(s) or other Sponsor-selected sites. Films and Entries sent to Sponsor will not be returned. Entrants and winners acknowledge and agree that Sponsor has the right to edit, adapt, modify, reproduce, promote and otherwise use the Films and Entries in any way it sees fit and may display the Films and Entries without acknowledgement. Automated, script, macro or robotic Entries will be disqualified. Any Film or Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified.
If your film is selected to make it to the Second Round (defined below), upon your notification of selection from Sponsor, you are required to undertake the following actions within seven (7) days after Sponsor’s notification:
- promote the selected Film across your social media platforms, using the hashtags #tucuentascyf, #cineyouthfestival, #yourstorymatters and #contest;
- provide a Press Kit for your selected Film as follows (each, a “Press Kit”) by sending it to Sponsor at email@example.com:
- For Feature Films: Provide (i) a 100 word synopsis in English; (ii) five (5) hi-res film stills (300 dpi, CMYK and/or RGB color); (iii) digital trailer (with English subtitles if the Film is in any language other than English); and (iv) an online or physical screener of the Film for the press;
- For Short Films: Provide (i) a 100-word synopsis in English; (ii) three (3) hi-res film stills (300 dpi, CMYK and/or RGB color); and (iii) a digital trailer (with English subtitles if the Film is in any language other than English)
(collectively, the “Second Round Pre-Requirements” – which shall constitute part of your Entry).
Please note that the Festival will not pay an exhibition fee for any accepted Films/Entries submitted through this Contest.
- Judging and Winners Selection. There are two rounds of judging:
- “First Round” of Judging: After the conclusion of the Contest Period, on or about April 5, 2020, a panel composed of two individuals selected by Sponsor who may also be employees or agents of Sponsor (the “First Round Judging Panel”) will judge all eligible Films submitted by Registered Contestants. The First Round Judging Panel’s decisions are final. The First Round Judging Panel will select Films based on the Judging Criteria (defined below) to be entered into the ¡Tu Cuentas! Online Film Festival (the “Festival”). Entrants whose Films have been accepted to the Festival will be notified by Sponsor via email by April 8, 2020, with instructions regarding the Second Round Pre-Requirements.
- “Second Round” of Judging: Films that have been selected by the First Round Judging Panel will be entered into the Festival if the entrant has timely satisfied the Second Round Pre-Requirements (the “Festival Films”). A panel composed of 5-7 filmmakers, film critics, and local luminaries selected by Sponsor (the “Second Round Judging Panel”) will judge the Festival Films, between the Festival dates of April 15, 2020 through May 15, 2020, based on the Judging Criteria (defined below). The Festival Films may be screened multiple times during the Festival, and the screening schedule for the Festival Films is at the sole discretion of the Festival curators. The Second Round Judging Panel shall select one (1) potential winner of the Main Prize and one (1) potential winner of the Student Prize (collectively, the “Winners”). The Second Round Judging Panel’s decisions are final. The two (2) entrants selected as the potential Winners must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements.
- “Judging Criteria” – the First Round Judging Panel and Second Round Judging Panel (each, a “Panel”) will judge the Films based on the following criteria:
- Creative Aspects (up to 40 points) – Does the story have a clear plot and structure? Are the characters developed? Are the actors immersed in their roles? Was creativity evidenced through presentation of the story? Did the story keep you engaged? Was the message clear? Was the film tightly constructed and appropriate to the theme?
- Technical Aspects (up to 40 points) – Did the camerawork evidence advanced techniques that enhance the story? Is the musical score complimentary to the story? Is the spoken narrative clear and free of disruptions from ambient noise? Does the sound and SFX (if any) enhance the overall quality of the film? Is the lighting complimentary to the story? Are transitions between scenes smooth? Does the editing enhance the flow and pace of the film? Does the editing enhance the artistic value of the story?
- Inspiration (up to 40 points): Was the Film visually appealing and entertaining? Did the film inspire you to think deeply about the message or theme? Was the film effective in provoking an emotional response? Did the film prompt a call to action? Did the film keep your attention? Does the film have the potential to be impactful? To what degree did the technical aspects contribute to the inspirational value of this film? Will this film will inspire other youth to make films?
(collectively, the “Judging Criteria”). In the event of a tie, the Panel will resolve the tie by ranking the tied Films according to such Panel’s opinion on creativity. All determinations are final and binding with respect to all matters relating to the Contest. All Sponsor’s decisions in relation to the Contest shall be final.
- Main Prize: One (1) Winner will receive the Main Prize, which consists of a prize in the amount of Three Thousand Dollars ($3,000.00 USD) (the “Main Prize”).
- Student Prize: One (1) Student Winner will receive the Student prize, which consists of a prize in the amount of Two Thousand Dollars ($2,000.00 USD) (the “Student Prize”).
The Main Prize and the Student Prize shall be collectively referred to herein as the “Prizes.”
The approximate market value of all Prizes awarded: $5,000.00 USD. The Winners will be responsible for all fees, taxes, and expenses not specified in the Prizes described herein.
The Sponsor may require that the Winners sign an Affidavit (a sworn statement defined below), which, if required, must be completed and held by the Sponsor within ten (10) days of the date of the first attempted notification of the Winner winning one of the Prizes. Sponsor will deliver the Prizes to the Winners (upon receipt of an Affidavit, if requested, and verification of eligibility by Sponsor) at a time and in a manner determined by Sponsor.
- General Conditions. Participants agree to be bound by these Official Rules, and all of the Sponsor’s decisions shall be final. Each participant agrees to be subject to these Official Rules and to the Sponsor’s decisions, and to accept the award of any prize based on availability. In addition, all participants, including each Registered Contestant, represent and warrant that all information contained in their Registration Form is true and accurate. Normal Internet access and usage charges imposed by your Internet service provider will apply. The Sponsor is not responsible for any printing errors in these Official Rules, or in any other material available on the Contest Website or through the Contest. Participants and Registered Contestants grant the Sponsor, its designees (including the Festival), agents and others who represent it, the right to use their name, images, likeness, voice, portrait, city, state of residence (or jurisdiction), and any Film submission and results for advertising, marketing and any other commercial purposes, including, but not limited to, at film festivals (including the Festival), and on Sponsor’s websites, social media page(s), or other Sponsor-selected sites, including the Contest Website, without any additional compensation, unless prohibited by law. Participants and Registered Contestants hereby grant Sponsor a non-exclusive, irrevocable license granting Sponsor the right, for a period of two (2) years beginning the start of the Contest Period, to use, reproduce, modify, perform, display, sublicense, and distribute the participant’s and Registered Contestants’ Films, on a worldwide basis, in any and all media and platforms, now known and hereinafter developed, without any further consideration to the participant or Registered Contestant, except where prohibited under law.
Unless the Registered Contestant opts out or declares otherwise, the Sponsor and its designees may use the physical and/or email address of the Registered Contestant to contact him/her in relation to the Sponsor’s services and other offers and/or promotions. The Sponsor shall not be liable for loss, delay, incorrect or misdirected identification, operation, errors, delays or failures of telecommunications, hardware, computer software of any of the Entries or responses to the Contest. If, for any reason, the legitimacy or integrity of the Contest is compromised, or the administration of the Sponsor or the performance of the Contest becomes impossible, the Sponsor reserves the right to terminate or modify the Sponsor to a legally permissible extent, and disqualify any individual who falsifies the Entry or the process of the Contest or the administration thereof.
- Notification to Winners. Potential Winners of the Prizes will be notified by email at the email address provided on the Registration Form. The Sponsor may require, in Sponsor’s sole discretion, that the Winners sign an affidavit of eligibility, publicity release (except where prohibited by law), and/or W-9 Forms of the IRS (if required by IRS rules or regulations) prior to the delivery of any prize (collectively, “Affidavit”). If the potential Winners do not respond to Sponsor’s notification within ten (10) days of being sent, if it is determined that they are not eligible, fail to sign and return the Affidavit or other document required by the Sponsor within ten (10) days of Sponsor sending the Affidavit by email to the Winners, and/or the Sponsor’s email with the notification is returned because it could not be delivered, the Sponsor may consider that such potential Winners have forfeited and lost the Prizes, and Sponsor may select alternative potential Winners. To the extent applicable, the Prizes will be delivered approximately thirty (30) days after Sponsor’s verification and timely receipt of the Winner’s completed Affidavit and any requested information and documentation. The Sponsor does not provide any guarantees in relation to the Prizes except as set forth herein. Prizes are non-transferable and Winners have no right to substitution. The Sponsor reserves the right to substitute a prize of equal or greater value if there is no availability.
- Winners Announcement. The names of the Prize Winners may be published for ninety (90) days after the end of the Contest Period on the Contest Website and at any other location chosen by the Sponsor, including online, on air, print, and on social media.
- Representations and Warranties / Release / Indemnification. By participating in this Contest, you (and your parent/legal guardian, if you are deemed to be a Minor in the jurisdiction or state of your residence) agree: [a] to these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to the Contest; and [b] to release, waive, discharge, indemnify, defend and hold harmless Sponsor, and its parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, shareholders, partnership, members, principals, employees, agents, contractors or suppliers (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind arising out of or related to your participation in the Contest, your Film and Entry, your breach or violation of these Official Rules, and/or your acceptance, use or misuse of a Prize, including, without limitation, personal injury, death, financial damage, and property damage, and claims based on publicity rights, copyright, trademark, defamation or invasion of privacy.
By entering the Contest, you (and your Parent, if you are deemed to be a Minor in the jurisdiction or state of your residence) represent and warrant as follows: [a] (i) your Entry and your Film are your own, original materials; (ii) you own all right, title and interest in and to the Entry and the Film, and there is no limit on your ability to license, grant or issue the rights granted herein; (iii) you have not assigned, sold, transferred, or otherwise in any manner disposed of your beneficial interest in the Entry and the Film or any interest therein; and (iv) there is no limit on Sponsor’s and its designees’ ability and right to use the Entry and the Film as set forth herein; [b] your Entry and your Film do not contain any harmful computer code and are not otherwise corrupted; [c] as of the date of Entry, your Entry and your Film are not the subject of any actual or threatened litigation or claim; [d] your Entry and your Film do not and will not violate or infringe other people’s or companies’ intellectual property, privacy, publicity, or other legal rights, or constitute copyright infringement or defamation; [e] your Entry and your Film do not contain any material disparaging of the Sponsor, Sponsor’s affiliates or any third parties; [f] your Entry and your Film do not contain material embodying the names, images, likeness or voices identifying another person without proper permission; [g] your Entry and your Film are not abusive, defamatory, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, unlawful, or otherwise objectionable; and [h] your Entry and your Film do not violate any laws, rules, regulations, or third-party rights. Sponsor reserves the right to disqualify (and refuse to accept or remove) any Entry or Film that Sponsor, in its sole discretion, deems to violate these Official Rules.
Released Parties are not responsible for and shall not be liable for: [a] electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of Entries; [b] failed, incomplete, garbled or delayed computer transmissions; [c] late, lost, inaccurate, delayed, stolen, garbled, misdirected or incomplete Entries or for 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 Prize winners; or [d] any condition caused by events that may cause the Contest to be disrupted or corrupted. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site 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 any person’s computer related to or resulting from participating in this Contest. Persons who tamper with or abuse any aspect of the Contest or the relevant website(s) (including, but not limited to, the use of any device to automate the entry process), who act in an unsportsmanlike or disruptive manner, or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest or any portion thereof should viruses, bugs or other causes corrupt the administration, security or proper play of the Contest, and limit Entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion and, if terminated, to award the prize from all non-suspect, eligible Entries received prior to such action or as otherwise deemed fair and appropriate by Sponsor. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Except where prohibited, you and all entrants agree that: (1) any and all of your and all entrants’ claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering this Contest, and in no event will you or any entrant be entitled to obtain attorneys’ fees or other legal costs; and (2) under no circumstances will you or any entrants be permitted to obtain awards for, and you and all entrants hereby waive all rights to claim, indirect, special, punitive, incidental and consequential damages and any other damages, except as expressly provided above, and any and all rights to have damages multiplied or otherwise increased.
- Disclaimer, Conflict Resolution, and Limits to Responsibilities. Each participant and Registered Contestant hereby releases and agrees to defend, indemnify and hold harmless the Sponsor, any of its executives, directors, representatives, employees, agents, successors, and appointed individuals or firms from harm, injury, death, loss or any other prejudice or civil liability by law or by its actions, whether or not known, affirmed or not, that could result from or in any way related to any Entries and Films, the participation of this promotion without warning, and/or acceptance, use or misuse of the Prizes or any substitute prize. Any and all conflicts, claims and causes of action arising out of, relating to, or in connection with this Contest must be resolved individually, without recourse to any form of class action. This Contest will be governed by and construed in accordance with the laws of the State of New York, regardless of conflict with the main laws. Any action or litigation concerning, or arising out of, relating to or otherwise connected with this Contest shall be made in the federal or state courts located in New York County in the State of New York, and each participant and Registered Contestant expressly agrees to the jurisdiction of the site of such courts and to desist from any defense that lacks jurisdiction or inconvenient forums with respect to such courts. Each participant and Registered Contestant agrees to be notified of the process by mail or other method accepted under the laws of the State of New York.
ANY CLAIMS, JUDGMENTS AND/OR AWARDS TO A PARTICIPANT OR REGISTERED CONTESTANT (INCLUDING WINNERS) SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. PARTICIPANTS AND REGISTERED CONTESTANTS (INCLUDING WINNERS) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Sponsor related to the Contest. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- List Of Winners: For a copy of these Official Rules or the names of Winners, send a separate self-addressed, stamped envelope to Hispanic Information and Telecommunications Network, Inc., 63 Flushing Ave, Building 292 Suite 211, Brooklyn, NY 11205 Attn: Alejandro Molina within twelve (12) months from the end of the Contest Period (VT residents need not affix return postage).