The "BATMAN 100% FROM HOT TOYS SWEEPSTAKES" (2016)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. THE PRIZEWINNER AND TRAVEL COMPANION (AS DEFINED BELOW) WILL BE REQUIRED TO EXECUTE AN AFFIDAVIT, AS MORE FULLY DETAILED BELOW. All Sweepstakes-execution-specific times refer to Pacific time (“PT”). The Batman 100% from Hot Toys Sweepstakes (the ”Sweepstakes”) is sponsored by E.C. Publications, Inc., d/b/a DC Entertainment (“Sponsor”), and the entry period begins on August 8, 2016, at 10:00:01 a.m. PT and ends on August 21, 2016, at 11:59:59 p.m. PT (the “Sweepstakes Period”). Sweepstakes is subject to all applicable federal, state and local laws.
The Sweepstakes is open to individuals who (a) are at least eighteen (18) years of age or at least the age of majority in their state of residence (whichever is older) on the date of entry and (b) are a legal resident of and physically residing in one of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, American Samoa, United States territories, possessions and protectorates, foreign-based United States military installations and wherever restricted or prohibited by law) (“Entrant”).
THE WINNER AND TRAVEL COMPANION MUST BE ABLE TO TRAVEL TO TOKYO, JAPAN, ON SEPTEMBER 7, 2016, AND REMAIN UNTIL SEPTEMBER 11, 2016 (“Travel Period”) TO ATTEND THE 2016 BATMAN 100% FROM HOT TOYS EVENT (the “Event”). If the potential Winner and Travel Companion are not able to travel to Tokyo, Japan, during the Travel Period, the potential Winner will be declared ineligible, as well as potential Winner’s Travel Companion, and Sponsor shall have the right, at Sponsor’s sole discretion, to randomly select another potential Winner from all eligible entries received.
Neither Sponsor nor employees of Sponsor, Time Warner Inc., Warner Bros. Entertainment Inc., Hot Toys Limited, EnterGrate, Inc. (“Administering Agency”), persons involved in the creation, development or production (including cast and crew) of the Event, the entity or entities supplying all or part of the Prize, and each of their respective partners, parent companies, divisions, subsidiaries, affiliates, advertising, promotion and public relations agencies and their respective officers, directors, employees, representatives and agencies (collectively, the "Sweepstakes Entities”) are eligible to participate in the Sweepstakes and/or win a Prize (as defined below). Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win. For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses.
NO PERSON MAY ENTER THE SWEEPSTAKES WHO WILL BE SERVING AS A CORRESPONDENT AT THE EVENT FOR ANY THIRD PARTY OR SERVING AS A REPRESENTATIVE OR EMPLOYEE OF ANY COMPANY OR OTHER THIRD PARTY AT THE EVENT. ANY SUCH ENTRY WILL BE DISQUALIFIED.
The Sweepstakes is administered by the Administering Agency. Entrants must be of good moral character and must have nothing in their background that would be an embarrassment to Sweepstakes Entities. Sponsor reserves the right to exclude anyone convicted of a crime (other than moving violations of a misdemeanor type that did not involve personal injury, drugs or alcohol). By entering, each Participant agrees to be bound by these Official Rules and the decisions of the Sponsor and Administering Agency, which are final and binding in all respects.
You may enter the Sweepstakes once per day for a total of fourteen (14) Entries during the entire Sweepstakes Period. With the exception of August 21, 2016, a day, for the purposes of this Sweepstakes, begins at 10:00:01 a.m. (PT) and ends at 9:59:59 a.m. (PT) the following day. On August 21, 2016, the day begins at 10:00:01 a.m. PT and ends at 11:59:59 p.m. PT.
To enter: Access the Sweepstakes on the World Wide Web at http://www.dccomics.com/HotToysSweeps (the “Website”) to reach the Sweepstakes registration page. When a Participant attempts to enter, he/she must follow the on-screen instructions and, in the spaces provided (using the entry mechanism provided), enter the following information: his/her e-mail address, first name, last name, date of birth, country, zip code and any other entry-related personally identifying information requested by the Sponsor (collectively, an “Entry”).
If you choose to submit an Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities.
Entries that are received before and/or after the Sweepstakes Period will be void. The Sponsor will be the official timekeeper for the Sweepstakes.
Nonreadable, garbled or incomplete Entries, or Participants that do not abide by these Official Rules, as determined by the Sponsor or Administering Agency, at their sole discretion, will be disqualified. All Entries become property of the Sponsor and will not be returned or acknowledged. Entries that are submitted by a third-party entity on behalf of a Participant, including, but not limited to, a Sweepstakes agent or agency, or Entries (as determined at the sole discretion of the Sponsor and/or Administering Agency) that are forged, altered or are generated by a macro, bot or other automated means will not be accepted and will be void. Submission of false or misleading information by a Participant will be grounds for disqualification of Entry. For purposes of this Sweepstakes, an Entry is “received” when the Sponsor’s server records the receipt of the Entry. 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 Sweepstakes. All Entries must be submitted legitimately.
In the event of a dispute regarding the identity of a Participant who enters the Sweepstakes, the Entry will be deemed submitted by the authorized account holder of the e-mail address provided, but only if that person meets all other eligibility criteria. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain name associated with the submitted e-mail address. A potential Prizewinner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the potentially winning Entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible regardless of method of entry.
WINNER SELECTION AND ODDS:
The Administering Agency will conduct one (1) Sweepstakes Drawing on/about August 22, 2016.
If a Participant’s Entry is randomly drawn and it meets the requirements in these Official Rules, he/she could be eligible to win the Prize (subject to the Sponsor’s and/or Administering Agency’s verification process). If the potential Prizewinner is found ineligible or fails to comply with these Official Rules, that individual’s claim to the Prize is forfeited and an alternate randomly drawn eligible Participant may be selected and contacted at Sponsor’s sole discretion.
Odds of winning the Prize are determined by total number of eligible Entries received during the Sweepstakes Period.
One (1) Prize will be awarded to the Prizewinner. Prize will consist of one (1) five (5)-day, four (4)-night trip for Prizewinner and one (1) guest (“Travel Companion”) to the Tokyo, Japan, area (the “Trip”). Trip will include round-trip coach-class air transportation for Prizewinner and Travel Companion from a major commercial airport near Prizewinner’s home (to be determined by Sponsor and/or Administering Agency at their sole discretion) in one (1) of the fifty (50) U.S. or the District of Columbia to the destination-city-area airport (Prizewinner and Travel Companion must travel on the same itinerary and final determination of the departure airport, destination airport, air carrier used and flight times is at the sole discretion of the Administering Agency); round-trip ground transportation to and from airport and hotel in the selected destination-city area; hotel accommodations for four (4) nights (one room, double occupancy, room rate and room taxes only) at a hotel determined by the Administering Agency at its sole discretion; round-trip ground transportation to and from hotel to the “Batman 100% Hot Toys” event; two (2) VIP Event tickets and one hundred and fifty dollars ($150 USD) spending money. Any additional destination amenities or elements awarded will be awarded at the sole discretion of the Sponsor.
Approximate Retail Value (“ARV”) of the Prize: seven thousand one hundred and fifty dollars ($7,150.00 USD). The final ARV of the Prize awarded will be based on, but not limited to, actual Prize elements awarded (at the Sponsor’s sole discretion).
Actual Prize elements awarded may vary from those depicted in the Sweepstakes Official Rules and/or advertising and promotional materials and are at the sole discretion of the Sponsor and subject to availability from prize providers.
No more than the Prize stated will be awarded. The stated Prize ARV is as of the start of the Sweepstakes Period and the value of the Prize set forth above represents Sponsor’s good faith determination of the ARV thereof and cannot be challenged or appealed. The Prize consists of only those items specifically listed above as part of the Prize.
If an element of the Prize is not accepted, any difference between stated ARV and final ARV of Prize will not be awarded. Prize consists only of the Prize elements provided by the Sponsor; no other elements or expenses are included in the Prize, and all such expenses are the sole responsibility of the Prizewinner and Travel Companion.
Sponsor will not replace any lost or stolen tickets, vouchers or certificates. In the event of such a loss, Sponsor shall have the right, at Sponsor’s sole discretion, to disqualify the Winner. Furthermore, Sponsor is under no obligation to award any remaining elements of the Prize, if any, and no additional compensation will be awarded.
Once airfare reservations are made they cannot be amended unless required by Sponsor. Once issued, tickets are non-transferable and may not be reissued. Open tickets may not be issued and stopovers are not permitted. Travel may not be combined with any other offer and may not qualify for frequent flyer miles or hotel points. All travel will be at the risk of the Winner and Winner’s Travel Companion. In the event of an act of God or an unforeseen, uncontrollable event, Sponsor reserves the right to reschedule all travel for a later date within or outside of the Selected Travel Period or to cancel any remaining elements of the Prize. All expenses not specifically mentioned herein are not included in the Prize and are solely the Winner and Travel Companion’s responsibility, including, without limitation, meals, room service and souvenirs. Sponsor is not responsible for lost, damaged, destroyed or misplaced luggage. The ARV of the travel portion of a Prize may vary depending upon the point of departure and fare fluctuations. Prize may be subject to travel restrictions.
Prizewinner and Travel Companion must abide by, and is subject to, any and all minimum/maximum height, weight and health-related or safety-related requirements or restrictions that may affect accessibility to and/or use of the Prize.
Prizewinner and Travel Companion will be required to provide his/her Social Security number or a valid U.S. personal tax identification number and to comply with any other legal requirements. Failure to comply with these requirements may result in Prize forfeiture and selection of an alternate potential Prizewinner.
If Travel Companion is a minor as defined in his/her state of residence, Prizewinner must be Travel Companion’s parent and/or legal guardian. Other than travel, hotel stay and admission to the Event for Travel Companion, as provided below, Travel Companion is not eligible to receive any other Prize element or allowed to participate in any Prize-related activities.
By entering this Sweepstakes and accepting the Prize, Prizewinner and Travel Companion agree to maintain their behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any sweepstakes- or prize-related activity. By entering this Sweepstakes and accepting the Prize, the Prizewinner and Travel Companion agree that Sponsor, its designated representatives and/or the Administering Agency reserve the right at their sole discretion to disqualify and remove the Prizewinner and Travel Companion from any activity at any time if Prizewinner and Travel Companion’s behavior at any point is uncooperative, disruptive or may or does cause damage to person, property or the reputation of any of the Sweepstakes Entities or otherwise violates the policies of the Sponsor.
PRIZEWINNER NOTIFICATION PROCESS:
On or about August 23, 2016, the Administering Agency’s designated representative will attempt to notify the potential Prizewinner by telephone and/or e-mail that he/she may be the Prizewinner in this Sweepstakes, using the contact information provided in his/her Entry. If the potential Prizewinner cannot be reached after three (3) attempts have been made within twenty-four (24) hours of the initial attempt, or if the potential Prizewinner does not respond according to instructions provided by the Administering Agency’s representative, if any, such person may be disqualified and an alternate Prizewinner may be randomly selected from all remaining eligible Entries received during the Sweepstakes Period, at Sponsor’s sole discretion.
Once Administering Agency has received verbal or e-mail confirmation (as determined at the Administering Agency’s sole discretion) from the potential Prizewinner of his or her desire to accept the Prize (subject to verification of eligibility), potential Prizewinner will be sent a Prizewinner Affidavit of Eligibility/Release of Liability for Prize Winner and Travel Companion, with applicable tax forms (collectively, the “Winner Documents”), via e-mail, mail or other courier service. The Prizewinner must fully complete the Winner Documents. When completed, using the e-signature mechanism provided by the Administering Agency, the Winner Documents must be returned without alteration to the Administering Agency within three (3) calendar days of the date of receipt by the potential Prizewinner. If all Winner Documents are not returned to the Administering Agency within the specified time, and at Sponsor’s sole discretion, a disqualification may result and an alternate Entry may be randomly selected from all remaining eligible Entries received during the Sweepstakes Period.
The Sponsor may require a potential Winner and Travel Companion to execute additional post-Sweepstakes documents as required by Sponsor.
Refusal, undeliverable or late return of any notifications and any post-Sweepstakes documentation will result in disqualification and another potential Winner may be randomly selected from all Eligible entries received.
ADDITIONAL PRIZE INFORMATION/TAXES:
The Prize is not transferable or assignable and may not be substituted or redeemed for cash, except at the Sponsor’s sole discretion. Sweepstakes Entities reserve the right to substitute the Prize or any portion thereof for another Prize or portion thereof of equal or greater value for any reason, including, without limitation, Prize unavailability. If the Prizewinner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sweepstakes Entities will have no further obligation with respect to the Prize or portion of the Prize. The Prizewinner, and if applicable, Travel Companion are solely responsible for any and all federal, state, local and any other taxes related to the Prize. The Administering Agency will furnish an Internal Revenue Service Form 1099 to the Prizewinner for the actual retail value of the Prize for the tax year in which the Prize was won. By entering, each Participant agrees that if selected as the potential Prizewinner, Sponsor and/or Administering Agency may, at their option, conduct a background check on Participant. If necessary or requested, the Prizewinner agrees to sign waiver forms authorizing the release of personal and background information.
The Sweepstakes Entities are not responsible for any delays in the delivery of the Prize. The Prizewinner and Travel Companion agree that the Sweepstakes Entities neither made nor are responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law.
GRANT—HOW THE SWEEPSTAKES ENTITIES MAY USE PERSONAE-RELATED MATERIALS, AS DISCLOSED BELOW:
Except where prohibited by law, by entering this Sweepstakes, each Participant grants Sponsor and each of its licensees, successors and assigns the perpetual and irrevocable right and license to use his/her name, city, state, voice, photograph, visual and audio likeness, or statements (collectively, “Personae-Related Materials”) on a worldwide basis, in any manner and in all venues and forms of media now or hereafter devised, in perpetuity, without further notice, compensation, review or approval, including, without limitation, in and in connection with the Sweepstakes, on Sponsor-related websites and any of Sponsor’s advertising and promotion materials and/or broadcasts in any form. In addition, by entering, each Participant, except where prohibited by law, consents to being photographed, filmed, taped and/or interviewed about the Sweepstakes, without additional compensation, review or approval. In connection therewith, each Participant grants full permission and consent to Sponsor to utilize any of the results of such photographing, filming, taping and/or interviewing in any manner and in any and all media now known or hereafter devised without further notice, compensation, review or approval and hereby releases the Sweepstakes Entities from all liability related thereto.
As a condition of entry, each Participant consents to read, agree to and sign an additional separate written agreement related to the Personae-Related Materials if Sponsor requires, at Sponsor’s sole discretion.
Participant agrees that Sponsor is not obligated to manufacture, broadcast or otherwise use or exploit any Personae-Related Materials or any part thereof. By submitting an Entry, each Participant agrees to execute any documents or take any further action required by Sponsor to effectuate the intention of the grants in these Official Rules and any other agreements made by each Participant.
THE SWEEPSTAKES ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE SWEEPSTAKES ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.
BY ENTERING, EACH PARTICIPANT AND EACH OF HIS/HER AGENTS, ASSIGNEES, EXECUTORS AND SUCCESSORS AGREE TO INDEMNIFY, DEFEND, HOLD HARMLESS AND FULLY RELEASE AND FOREVER DISCHARGE EACH OF THE SWEEPSTAKES ENTITIES FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, CLAIMS, ALLEGED CLAIMS, DEMANDS, DUTIES, RIGHTS, AGREEMENTS, PROMISES, DAMAGES, INJURIES, LOSSES, EXPENSES, LIENS AND DEBT ACTIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, WHETHER NOW KNOWN OR UNKNOWN, UNFORESEEN OR FORESEEN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH, DIRECTLY OR INDIRECTLY, PARTICIPATION IN THE SWEEPSTAKES, AND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, LOSS OF ENJOYMENT, OR OTHER HARM OR LOSS OF ANY NATURE WHATSOEVER CAUSED OR CONTRIBUTED TO BY OR ARISING OUT OF PARTICIPATION AND/OR ENTRY IN THE SWEEPSTAKES, OR RESULTING FROM ACCEPTANCE, POSSESSION, QUALITY, USE OR MISUSE OF THE PRIZE, OR ANY PORTION THEREOF, OR PREPARATION FOR OR TRAVEL TO OR FROM ANY PRIZE- OR SWEEPSTAKES-RELATED ACTIVITY. IF ANY OF THESE OFFICIAL RULES IS DETERMINED TO BE INVALID OR UNENFORCEABLE, THESE OFFICIAL RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR UNENFORCEABLE PROVISION WERE NOT CONTAINED HEREIN. THE SWEEPSTAKES ENTITIES ARE NOT RESPONSIBLE FOR ANY ADDITIONAL EXPENSES, OMISSIONS OR DELAYS RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
EACH PARTICIPANT ACKNOWLEDGES THAT THERE IS A POSSIBILITY THAT SUBSEQUENT TO ENTERING THE SWEEPSTAKES AND AGREEING TO THESE OFFICIAL RULES, A PARTICIPANT WILL DISCOVER FACTS OR INCUR OR SUFFER CLAIMS WHICH WERE UNKNOWN OR UNSUSPECTED AT THE TIME A PARTICIPANT AGREED TO THESE OFFICIAL RULES, AND WHICH IF KNOWN AT THAT TIME MAY HAVE MATERIALLY AFFECTED A PARTICIPANT’S DECISION TO AGREE TO THESE OFFICIAL RULES. BY ENTERING THIS SWEEPSTAKES, EACH PARTICIPANT ACKNOWLEDGES AND AGREES THAT BY REASON OF THESE OFFICIAL RULES, AND THE RELEASES CONTAINED IN THE PRECEDING PARAGRAPHS, EACH PARTICIPANT ASSUMES ANY RISK OF SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS.
Each Participant understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any city, state or territory of the U.S. are hereby expressly waived. Said section reads as follows:
1542 CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES. 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.
Each Participant agrees that the Sweepstakes Entities are not responsible for any errors, typographical errors or misprints in these Official Rules or any materials, including, but not limited to, the advertising, promotion or offer of the Sweepstakes. If the Sweepstakes or, as applicable, the fulfillment of the Prize or of a Prize element becomes compromised, hampered, interrupted, not capable of running or being fulfilled as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of human error, computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone or wireless communication failures, tampering, unauthorized intervention, fraud, or an event of force majeure, such actions will not be considered a breach of these Official Rules. The Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend or withdraw any method of entry and select the Prizewinner from among all eligible Entries received for the Sweepstakes prior to or after the event warranting such cancellation, modification, suspension or withdrawal. Notice of such modification or cancellation will be posted at http://www. dccomics.com/HotToysSweeps. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion; fire; casualties; boycott; labor dispute, strike or stoppage (including a strike by the members of any union); an act of any federal, state or local authority; or any other similar or dissimilar act beyond the Sponsor’s or Administering Agency’s control.
The Sweepstakes Entities are not responsible and/or liable for any of the following, whether caused by the Sweepstakes Entities, the Participant or by human or other error: any lost, late, incomplete, illegible, mutilated or misdirected Entries, e-mail or mail or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication, including, but not limited to, lost or unavailable wireless connection or texting-related failure; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or Entry information.
Each Participant, as a condition of entry, agrees that he/she has not purchased any kind of Internet service or wireless communication service whatsoever in order to participate in and/or enter the Sweepstakes. Each Participant agrees not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from utilizing the Sweepstakes. Any person who supplies false information, submits Entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain the Prize will forfeit the Prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR ADMINISTERING AGENCY MAY, AT ITS SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
A Sweepstakes Party’s failure to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. Sweepstakes Entities 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 account to receive e-mail messages. Sweepstakes Entities are not responsible, and may disqualify an entrant, if his or her e-mail address, telephone or other contact information does not work or is changed without entrant giving prior written notice to Sponsor. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved at Sponsor’s sole discretion. If Sponsor determines at any time at its sole discretion that the Prizewinner or potential Prizewinner is disqualified, ineligible or in violation of these Official Rules, Sponsor reserves the right at its sole discretion to select an alternate Prizewinner, even if the disqualified potential Prizewinner’s name may have been shown or announced on the Website or elsewhere.
Each Participant agrees that all issues, disputes and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any Participant or the Sweepstakes Entities in connection with the Sweepstakes, 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 or provisions that would cause the application of the laws of any jurisdiction other than the state of California. If any controversy or claim arising out of or relating to the Sweepstakes, the Official Rules or the breach of any term hereof cannot be otherwise resolved, it must be submitted exclusively to binding arbitration conducted in the county of Los Angeles and administered by Judicial Arbitration and Mediation Services (“JAMS”) in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the “JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in California. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court. The remedy for any claim shall be limited to actual out-of-pocket expenses (if any), not to exceed two hundred and fifty dollars ($250), and in no event shall any party be entitled to recover punitive, exemplary, consequential or incidental damages, including attorneys’ fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief, and Participant further waives all rights to have damages multiplied or increased. Notwithstanding the above, each Participant agrees that any disputes, claims and causes of action arising out of or connected with this Sweepstakes or the Prize awarded or the determination of the Prizewinner shall be resolved individually, without resort to any form of class action.
PRIZEWINNER ANNOUNCEMENT: For the name of the Prizewinner, available after September 31, 2016, send a self-addressed, stamped envelope, to be received by November 1, 2016, to Hot Toys 100% Batman Sweepstakes Winner List Request, 8545 W. Warm Springs Road, Las Vegas, NV 89113.