OFFICIAL CONTEST RULES FOR FLICKPLAY SCAVENGER HUNT

THE FOLLOWING ARE GENERAL RULES, TERMS AND CONDITIONS GOVERNING YOUR ENTRY AND PARTICIPATION IN THE SCAVENGER HUNT PROVIDED BY FLICKPLAY WEBSITE.  PLEASE READ THESE RULES CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

THERE IS NO PURCHASE NECESSARY TO ENTER OR WIN THE SCAVENGER HUNT. VOID WHERE PROHIBITED BY LAW.

PROMOTION DESCRIPTION

The FLICKPLAY scavenger hunt begins on October 2nd, 2021 at 00:00 pm PST and ends when the first contestant finds each of the six doors and follows all the steps described in these terms and conditions.

ELIGIBILITY

The following describes eligibility requirements to participate in and win the grand prize available via the FLICKPLAY mobile application and website (the “Contest”).  In order to open an account and participate in the Contest, you must be (a) a legal residents of the fifty (50) United States or the District of Columbia; (b) at least 18 years of age or older at the time you register for an account and participate in the Contest; and (c) agree to the FLICKPLAY Terms of Use, Privacy Policy, and these Official Rules. FLICKPLAY reserves the right to at any time implement new eligibility criteria and/or modify existing eligibility criteria, including, without limitation, geographical and age restrictions.

You may establish only one account per person to participate in the Contest. In the event FLICKPLAY discovers that you have opened more than one account per person, in addition to any other rights that FLICKPLAY may have, FLICKPLAY reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Official Rules and the Terms of Use to allow any other person to use your account to participate in any contest. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. FLICKPLAY will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If FLICKPLAY requests registration information from you, you must provide us with accurate and complete information and must update the information when it changes. 

SPONSOR

The sponsor of Contest accessible via the FLICKPLAY mobile application and website is FLICKPLAY, INC.

Employees of FlickPlay, Inc. (“FLICKPLAY”), their respective parents, subsidiaries, divisions, affiliates and related companies, advertising agencies, sponsors or co-sponsors (where applicable) and the immediate families (spouses, parents, children, and siblings and their spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are ineligible to participate in the Contest.  By participating in the Contest, you agree to these Official Contest Rules, the FLICKPLAY Terms of Use, and any other terms that apply to your use of FLICKPLAY’s mobile application the decisions of the sponsors or co-sponsors (where applicable), which are final and binding in all respects.  The Contest is void where prohibited by law, rule or regulation.  The Contest is subject to all applicable federal, state and local laws and regulations.

HOW TO ENTER A CONTEST

Each Contest has its own dedicated page accessible through the FLICKPLAY mobile application.  The Contest prizes, periods of entry and voting, mode or method of entry, and other entry requirements, rules and restrictions (including video format requirements and size restrictions) are described at the dedicated app page.

GENERAL SUBMISSION GUIDELINES/CONDITIONS OF PARTICIPATION FOR ALL CONTEST

You must download the FLICKPLAY mobile application and search the map for the six (6) augmented-reality (AR) doors.  You must unlock each of the six (6) AR doors by (1) finding the token on the map that represents the AR door; (2) you must go to the physical location on the map and walk (or otherwise approach) the token until it becomes tappable on the FLICKPLAY mobile application; (3) tap the token and the AR door will appear; (4) record a video on the FLICKPLAY mobile application; and (5) upload your video on the FLICKPLAY mobile application.  The first contestant to upload videos for all six (6) AR doors will win the grand prize, subject to FLICKPLAY’s verification of full compliance.

By entering the contest, you hereby grant to FLICKPLAY (and sponsor or co-sponsors where applicable) (i) a nonexclusive, worldwide, irrevocable, royalty-free license to reproduce, distribute, publicly display, and publicly perform the videos you submit to FLICKPLAY, and (ii) the right to use your name, city, state, and country of residence in promotions and other publications.  The submission of a video constitutes your express permission to use the video and the name, voice and likeness of you therein (where applicable), as well as your representation that you have obtained all necessary permissions and approvals to use the video and the name, voice and likeness of all persons appearing in the video, in and in connection with FLICKPLAY mobile application and any and all other exploitations there of or otherwise, including, without limitation, for programming, advertising and promotional purposes, in all media and/or technologies, now known or hereinafter created.  In the event that an entry does not comply with the Contest rules, FLICKPLAY may elect to either disqualify the entry, at its sole and exclusive option.  All Contest submission are also required to conform to the following guidelines:

  • Submissions must be appropriate for a broad audience of potential viewers or varying ages since the winning Submission may be broadcast at the FLICKPLAY website and mobile application;
  • Submissions should not feature any trademarks (including logos), except where authorized by the specific Contest requirements.
  • No Submission may depict any nudity, animal cruelty, harmful or illegal activity or substances, or offensive, obscene subject matter as determined in FLICKPLAY’s sole discretion.
  • Where applicable, no Submission shall portray sponsors or co-sponsors in a negative light, as determined in FLICKPLAY’s sole discretion.
  • Submissions must be original works of authorship, created by the person who submits the entry.
  • Submissions may not malign another branded product or service by name.
  • Submission must be the original work of the Contestant and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. By entering, you warrant that your Submission does not infringe any third party’s rights, and that you have obtained any necessary permission from all relevant third parties to submit the Submission. Any music or images used in the video Submission must be an original work of authorship under U.S. Copyright Law. If the Submission contains any material or elements that are not owned by the Contestant and/or which are subject to the rights of third parties, the Contestant is responsible for obtaining, prior to submitting the Submission, any and all licenses, releases and consents necessary to permit the use and exhibition of the Submission in the manner set forth in these Official Rules.
  • You may not be, nor may you use in your Submission parties who: 1) are represented under contract (e.g., by a talent agent or manager) that would limit or impair our ability to show the Submission in any media form; 2) have an acting or modeling contract that would make their appearance in the Submission a violation of any third party rights; 3) are under a merchandising agreement; or 4) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this promotion, or from allowing us to use the Submission online and in television media.
  • Contestant must hold all rights to the entire Submission. Contestant must secure – and finalists will be required to submit — a written release from any actors and/or any other participant featured in the video and/or photograph to use their name and likeness under the terms and conditions of these Official Rules. Any actors, music, voice-overs, or images contained in any Submission must be properly licensed, and evidence of such may be requested by Sponsors at any time during or after the Contest Submission Period. Contestant agrees to indemnify Sponsors against any and all claims from any third party for any use by Sponsors of the Submissions.
  • We reserve the right to exclude any Submission that we believe does not meet the above criteria and any other criteria established in connection with a particular Contest (as disclosed on the dedicated Contest page), at our sole discretion.
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General Conditions of Participation:  If you engage in any of the following conduct, FLICKPLAY reserves the right to terminate your account, disqualify you from participating in the Contest and otherwise taking appropriate action as determined by FLICKPLAY in its sole and exclusive discretion:

  • Falsifying personal information required to enter a Contest or claim a prize;
  • Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
  • Any violation of Official Rules or the Terms of Use;
  • Engaging in any submissions or voting through unauthorized methods such as automated scripts, bots, or other automated means;
  • Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the FLICKPLAY mobile application or website or of any user for any purpose.
  • Any abuse of any FLICKPLAY’s offers or promotions;
  • Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest or the FLICKPLAY mobile application;
  • Obtaining other entrants information and spamming other entrants; or
  • Abusing the FLICKPLAY mobile application or website in any way.

WINNER SELECTION, NOTIFICATION, AND VERIFICATION

The Contest offered via the FLICKPLAY website are Contest of skill, creativity and knowledge of the Contestants based on criteria established by FLICKPLAY.  The potential winner is the first person who collects and uploads videos of all six (6) AR doors on the FLICKPLAY mobile application.

All entries may be prescreened by FLICKPLAY to insure the entries have correctly met the Submission Guidelines («Qualified Submissions»). At any time before, during or after the Contest Period, Sponsors may, in its discretion, choose to post or distribute one (1) or more Submissions, their creator’s name and profile information in any media and on any website (including on Sponsors’ websites or FLICKPLAY’s website and mobile application, and third-party websites) for promotional purposes only. Contestants understand that users of these sites may share, comment on (including negatively) and re-post their Submissions.

FLICKPLAY is not responsible and shall not be held liable, and your entry may be disqualified and may not be considered for any prize, should your Submission be removed from the site for any reason (including without limitation DMCA take-down), or should your Submission be unavailable for any time during the applicable Contest Period.

FLICKPLAY’s determination of the winner is final and binding on all matters relating to this Contest. Potential winners will be notified by telephone, mail and/or email and may be required to complete an Affidavit of Eligibility, Liability and Publicity Release[AC2]  (unless prohibited by law) and any other documents required by FLICKPLAY (or the sponsor or co-sponsor where applicable), which must be returned within five (5) days of date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of FLICKPLAY to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsors’ sole discretion, the prize may be awarded to a runner-up. If any potential winner at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsors reserve the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.

CONTEST PRIZE & PRIZE CONDITIONS

The Contest offered via the FLICKPLAY website are Contest of skill, creativity and knowledge of the Contestants based on criteria established by FLICKPLAY.  The potential winner is the first person who collects and uploads videos of all six (6) AR doors on the FLICKPLAY mobile application.

All entries may be prescreened by FLICKPLAY to insure the entries have correctly met the Submission Guidelines («Qualified Submissions»). At any time before, during or after the Contest Period, Sponsors may, in its discretion, choose to post or distribute one (1) or more Submissions, their creator’s name and profile information in any media and on any website (including on Sponsors’ websites or FLICKPLAY’s website and mobile application, and third-party websites) for promotional purposes only. Contestants understand that users of these sites may share, comment on (including negatively) and re-post their Submissions.

FLICKPLAY is not responsible and shall not be held liable, and your entry may be disqualified and may not be considered for any prize, should your Submission be removed from the site for any reason (including without limitation DMCA take-down), or should your Submission be unavailable for any time during the applicable Contest Period.

FLICKPLAY’s determination of the winner is final and binding on all matters relating to this Contest. Potential winners will be notified by telephone, mail and/or email and may be required to complete an Affidavit of Eligibility, Liability and Publicity Release[AC2]  (unless prohibited by law) and any other documents required by FLICKPLAY (or the sponsor or co-sponsor where applicable), which must be returned within five (5) days of date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of FLICKPLAY to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsors’ sole discretion, the prize may be awarded to a runner-up. If any potential winner at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsors reserve the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.

There is one (1) Grand Prize of $500 available to be won.  Odds of winning will depend upon the total number of eligible entries received.

The Grand Prize cannot be transferred or substituted by winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason.  Sponsor will not replace any lost or stolen prize items.

PUBLICITY RELEASE

By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between or among FLICKPLAY (and its sponsors or co-sponsors where applicable), on the one hand, and the Contestant, each Contestant irrevocably grants FLICKPLAY (and its sponsors or co-sponsors where applicable) and their respective successors, assigns and licensees, the right to use such Contestant’s Submission, name, likeness, biographical information, and any individual(s) participating in the Submission, in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions, and hereby release the Sponsors from any liability with respect thereto, unless prohibited by law.

PERSONAL DATA

Contestants agree that personal data, especially name and address, may be processed, stored and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules.  The data may also be used by the FLICKPLAY (and sponsor or co-sponsors where applicable) in order to check Contestant’s identity, postal address and telephone number, or to otherwise verify their eligibility to participate in the Contest and to receive any prize.  Contestants have a right to access, review, rectify or cancel any personal data held by FLICKPLAY (and sponsor or co-sponsors where applicable) by writing to the address listed below.  If Contestant’s data is not provided or is canceled, Contestant’s submission will be ineligible. Contestants agree that any personal data or other information provided via FLICKPLAY website or mobile application in order to participate in this Contest will be subject to the terms of the privacy policy posted at the FLICKPLAY website and FLICKPLAY (and sponsor or co-sponsors where applicable) shall have no liability or responsibility in connection therewith.

INDEMNIFICATION

By entering the Contest, Contestants indemnify, defend and hold harmless FLICKPLAY (and its sponsors or co-sponsors where applicable) and their respective parents, affiliates, subsidiaries, retailers, advertising and promotion agencies and the respective officers, directors, employees and agents of each of the foregoing (hereafter, collectively referred to as the “Contest Parties”), from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Contest or any portion thereof, or the acceptance, use/misuse or possession of any prize.

GENERAL LIABILITY RELEASE/FORCE MAJEURE

Contestants release any and all rights to bring any claim, action or proceeding against the Contest Parties, further covenant not to sue any Contest Parties and hereby acknowledge that none of the Contest Parties have made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Contest or the prizes.

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 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.”

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 you and the Contest Parties.  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.

Contestants agree that the Contest Parties shall not be responsible or liable for any losses, damages or injuries of any kind resulting from the Contest or any Contest-related activity.  The Contest Parties assume no responsibility for any damage to a Contestant’s computer system or mobile device which is occasioned by accessing the FLICKPLAY website or mobile application or participating in the Contest, or for any computer system, mobile device, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, FLICKPLAY (and sponsor or co-sponsors where applicable) are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen Submissions or notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. FLICKPLAY (and sponsor or co-sponsors where applicable) reserve the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the FLICKPLAY website or mobile application, to be acting in violation of these Official Rules, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and FLICKPLAY (and sponsor or co-sponsors where applicable) reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. FLICKPLAY (and sponsor or co-sponsors where applicable) reserve the right to cancel or suspend the Contest, in its sole discretion, should it receive fewer than 50 entries or due to circumstances beyond its control, including natural disasters. In the event FLICKPLAY (and sponsor or co-sponsors where applicable) are prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within FLICKPLAY’s (and sponsor’s or co-sponsors’ where applicable) control (each a «Force Majeure» event or occurrence), then subject to any governmental approval which may be required, FLICKPLAY (and sponsor or co-sponsors where applicable) shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, FLICKPLAY (and sponsor or co-sponsors where applicable) will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination.  The invalidity or unenforceability of any provision of these 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 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. The Contest shall be governed by California state law.  By participating in any Contest, Contestants agree that California courts shall have sole and exclusive jurisdiction over any dispute or litigation arising from or relating to this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, FLICKPLAY (AND SPONSOR OR CO-SPONSORS WHERE APPLICABLE) RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Any Submission that is considered by FLICKPLAY (and sponsor or co-sponsors where applicable) in its sole discretion to be obscene, libelous, inapposite to the reputation of Sponsors, or otherwise objectionable or inappropriate, or which otherwise does not comply with these Official Rules will be disqualified.  Any communication or information transmitted to FLICKPLAY (and sponsor or co-sponsors where applicable) by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Proof of Entry is not considered proof of receipt of such Entry. Furthermore, FLICKPLAY (and sponsor or co-sponsors where applicable) shall have no liability for any Entry that is lost, intercepted or not received by FLICKPLAY (and sponsor or co-sponsors where applicable).

ARBITRATION/FORUM SELECTION/GOVERNING LAW

Except where prohibited by law and as a condition of participating in this Contest, Contestant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”) and held at the AAA regional office in Los Angeles, California; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and participant further waives all rights to have damages multiplied or increased.  If for any reason the foregoing arbitration mandate does not apply, any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively any action exclusively by the United States District Court for the Central District of California or the appropriate California State Court located in Los Angeles County, California.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Contestant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

WINNERS LIST/OFFICIAL RULES

To obtain a copy of a winners list for a particular Contest, send a self-addressed, stamped envelope to FLICKPLAY at 301 Arizona Avenue, Suite 250, Santa Monica CA 90401. All such requests must be received no later than 90 days from the end date of the particular Contest.  These Official Rules and Winner(s) will be posted via the FLICKPLAY website.

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