Participant acknowledges and agrees that their Claim for Reward, and all related pictures and materials created in or arising out of such submission, and all rights, title and interest in and to them shall be and hereby are, effective upon creation, assigned to and become the property of The Finding Kate Movie, LLC. Without limiting the foregoing, Participant grants to
The Finding Kate Movie, LLC. an irrevocable, royalty-free, worldwide, perpetual right (and if necessary, license) to edit, re-edit, adapt, modify, reproduce, promote, distribute create derivative works and otherwise use such Claim for Reward, all related pictures and materials in any way it sees fit in any form or media whether now or hereafter known or developed. Participant hereby gives
The Finding Kate Movie, LLC. and its agents and assignees, full permission and authority to use, publish and display such claim and all related pictures and materials, as well as any additionally requested documentation, Participant’s name, voice, and photograph or other likeness for advertising or other related purposes in any media whether now or hereafter known or developed without additional compensation. Participant acknowledges and agrees to obtain a release, containing the provisions above, from any collaborator.
The Finding Kate Movie, LLC. is not responsible for any loss or damage to clothing, footwear, property or personal effects. Participant is responsible for their own safety, and the safety of all collaborators, throughout the game. Participant shall ensure compliance with all Federal, State, and local laws, rules and regulations. To the extent permitted by law, Participant, on behalf of themselves and their heirs, successors and assigns, agrees to release, defend, indemnify and hold harmless
The Finding Kate Movie, LLC. , its officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any and all claims, demands, losses and causes of action for any damages, including without limitation, all consequential, punitive and incidental damages, liability, loss, cost, fees (including attorneys’ fees), however such claims may arise, including, without limitation, damage to person, personal or real property, due, in whole or in part, directly or indirectly, by reason of Participant’s participation in the game, acceptance, possession, use, misuse or misunderstanding of any portion of the game or activities related thereto whether any such cause of action is caused in whole or in part by the acts, omission, negligence or misconduct of any of the Related Parties. Further, Participant agrees to to release, defend, indemnify and hold harmless the Released Parties from losses, damages or injuries to Participant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any game violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and any typographical, human or other error in the printing, offering, selection, operation or announcement of any game. Participant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone or data network, computer online system, computer dating mechanism, computer equipment, software, social media platform, or Internet service provider utilized by
The Finding Kate Movie, LLC. ; interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to Participant’s (or any third person’s) computer or mobile device and/or its contents related to or resulting from any part of the prize The Finding Kate Movie, LLC.; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties.
Participant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the game and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a reward. The Released Parties are not responsible for any changes or unavailability of the wireless carrier, internet service provider, or the platform used for purposes of administering this game that may interfere with the game or ability of Participant to timely enter, receive notices, or communicate with
The Finding Kate Movie, LLC. , in which case
The Finding Kate Movie, LLC. in its sole discretion, may terminate or modify the game.
If the game becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way, or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure, or any other cause created by the Released Parties, a Participant, or by any of the equipment or programming associated with or utilized in the game,
The Finding Kate Movie, LLC. reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend, or withdraw the game or any game offer and/or cancel, modify, suspend, or withdraw any method of entry, without notice, and determine whether a Claim for Reward may be made from valid entry(ies) received for the game prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God or public enemy; an act or threat of terrorism, war (declared or undeclared), riot or civil commotion, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, riot or civil disturbance, public health crisis (e.g. Covid-19, SARS, Ebola, Measles), casualties, satellite or equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); order or any court or jurisdiction; or any other cause not reasonably within the control of
The Finding Kate Movie, LLC.
DISPUTES
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. These rules and any amendment of them shall apply in the form in effect at the time the administrative requirements are met for a Demand for Arbitration or Submission Agreement received by the AAA. Any disputes regarding which AAA rules shall apply shall be decided by the AAA. The parties, by written agreement, may vary the procedures set forth in these rules. After appointment of the arbitrator, such modifications may be made only with the consent of the arbitrator
GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by the laws of Hawaii, without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms shall be instituted in any state court in Honolulu, Hawaii or federal court having jurisdiction therein. Each party agrees to submit to the jurisdiction of and agrees that the venue is proper in such courts in any such legal action or proceeding.
MISCELLANEOUS
These Terms and Conditions, together with the Official Rules, constitute the entire agreement between
The Finding Kate Movie, LLC. and Participant. Participant may not amend any provision herein, or assign any rights granted herein, in whole or in part, without the prior written consent of
The Finding Kate Movie, LLC, and any purported assignment in violation of this provision shall be null and void. The Finding Kate Movie, LLC. may assign or otherwise transfer all rights granted hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which the Terms and Conditions and the Official Rules relate.
These Terms and Conditions, together with the Official Rules, shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision herein is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision herein shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
